Pankaj Chattri @ Pankaj Kumar @ Chattri @ Pankaj Kumar Kharkban v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-28.8.2024 Pankaj Chattri @ Pankaj Kumar @ Chattri @ Pankaj Kumar Kharkban ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Narinder Singh Dadwal, Advocate, for the petitioner.

Mr. Siddharth Attri, AAG, Punjab, assisted by ASI Harjit Singh.

***** FIR No.

Dated Police Station Section/s 29.6.2023 Division No.8, District Police Commissionerate, Ludhiana 379-B(2), 34 of IPC wherein offences under Sections 411 and 413 of IPC were added later on GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

The FIR was lodged at the instance of Sanjay, wherein he alleged that on 27.6.2023 when he was going on his motorcycle at about 10:00 P.M., then 3 persons i.e. 2 girls and a boy, who were also riding a motorcycle, hit into the complainant's motorcycle and thereafter started beating him. It is alleged that one of the boys brandished a 'datar' while the other snatched an amount of

( 2 ) Rs.90,000/- which the complainant was carrying. It is further alleged that the girl snatched the mobile phone of the complainant and also took out his wallet having 3 ATM cards and a credit card. It is further alleged that the complainant came to know that the person, who was carrying 'datar', was Pankaj Chattri.

3.

Learned counsel for the petitioner submits that while the occurrence is stated to have taken place on 27.6.2023, the FIR came to be lodged belatedly on 29.6.2023. It has further been submitted that although the petitioner has been behind bars since the last about 1 year and 2 months but till date the trial has not commenced and, as such, the petitioner deserves to be released on bail. 4.

Opposing the petition, learned State counsel submitted that the petitioner is a seasoned criminal and that as on date 5 cases are pending against him though he stands acquitted in some other cases. Learned State counsel has not disputed the fact that as on date even the charges have not been framed and as many as 11 PWs have been cited.

5.

This Court has considered rival submissions addressed before this Court. 6.

Without commenting anything as regards merits of the case, but having regard to the custody of the petitioner i.e. about 1 year and 2 months and also the fact that the trial has not even commenced till date and as many as 11 PWs have been cited, further detention of the petitioner will not serve any useful purpose as conclusion of trial is likely to consume time. 7.

The instant petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the

( 3 ) satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

28.8.2024 ( Gurvinder Singh Gill ) Geeta/P Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No