High Court of Punjab and HaryanaCRM-M/315/2018allowed

Vikramjit Singh @ Vicky v. State Of Punjab

2018-02-01Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-315 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-315 of 2018 Decided on: 01.02.2018 Vikramjit Singh @ Vicky ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Ms. Rishma Verma, Advocate for the petitioner.

Mr. Rahul Rathore, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.173 dated 14.09.2017, for offence punishable under Sections 307 and 120-B of the Indian Penal Code, 1860 (in short 'IPC') and 3 of the Explosive Substances Act 1908, registered at Police Station Division No.8, District Jalandhar.

Counsel for the petitioner has submitted that three coaccused of the petitioner namely Harpreet Singh @ Babbar, Tejinder Pal @ Sher Singh @ Babbar and Harpreet @ Rinku @ Mamma have been granted the concession of regular bail by the Additional Sessions Judge, Jalandhar. It is further submitted that it will be a debatable issue whether Section 307 IPC is made out or not and the petitioner is on bail in another FIR i.e. FIR No.204. Counsel for the petitioner has further submitted that no one was injured in the present FIR; the investigation is complete; challan has been presented and the case is now fixed for Mohd. Yakub 2018.02.01 18:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-315 of 2018 framing of charges and conclusion of the trial will take long time. Counsel for the State, on instructions from ASI Kishore Kumar, has not disputed the factual position but opposed the prayer for bail. Counsel for the State has also filed the custody certificate in the Court which is taken on record and submits that as per the custody certificate, the petitioner is in custody since 03 months and 14 days and he is on bail in FIR No.204 dated 08.08.2017. Without commenting anything on merits of the case and considering the fact that the investigation is complete and conclusion of the trial will take long time, the present petition is allowed and the petitioner is directed to be released on regular bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 01.02.

Yes/No Mohd. Yakub 2018.02.01 18:39 I attest to the accuracy and authenticity of this document Chandigarh