Dharam Pal v. State Of Punjab

KUMAR MANOJ 2015.12.21 14:54 I attest to the accuracy and integrity of this document CRM-M- 30232 of 2015 (O&M) #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CRM-M- 30232 of 2015 (O&M) Date of Order: 18.12.2015 Dharam Pal ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE AJAY TEWARI

Present:

Ms. Loveleen Dhaliwal, Advocate for the petitioner. Ms. Amarjit Kaur Khurana, Addl.A.G, Punjab.

*** 1.

Whether Reporters of Local Newspapers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest ? AJAY TEWARI, J (ORAL) Prayer is for grant of regular bail in case FIR No.22 dated 11.2.2012 under Sections 307/326/325/324/295/506/148/149 IPC and Sections 3/4 of S.C/ST Act.

Learned counsel for the petitioner has argued that the petitioner was released on bail on 30.3.2012 but he was later on, involved in another case FIR No.190 dated 08.8.2013 under Sections 302/34 IPC, as a result of which he became a proclaimed offender. He was ultimately arrested in that case on 21.01.2015 but was acquitted on 27.4.2015 and that had he not been falsely implicated in that case, he would not have any cause of action to jump bail and would have continued to face the trial. It is argued that all other accused have been released on bail.

Learned State counsel has filed custody certificate dated

CRM-M- 30232 of 2015 (O&M) #2# 17.12.2015 in court today, which is taken on record. She, on instructions from HC Vijay Kumar, has also accepted that all other accused have been released on bail and that the petitioner has been in custody for almost one year.

Without commenting upon the merits of the case, and keeping in view the period of custody already suffered by the petitioner as well as the fact that the co-accused have been granted bail, I do not deem it appropriate to deny the concession of regular bail to the petitioner. Accordingly, the petitioner is admitted to bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Jalandhar. Petition stands disposed of.

December 18, 2015 (AJAY TEWARI) manoj JUDGE