High Court of Punjab and HaryanaCRM-M/31242/2017allowed

Major Singh v. State Of Punjab

2017-08-30Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-31242 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-31242 of 2017 Decided on: 30.08.2017 Major Singh ....Petitioner

Versus

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

Mr. J.S. Jaidka, Advocate for the petitioner.

Mr. K.S. Sidhu, 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.291 dated 29.12.2014, for offence punishable under Sections 379 of the Indian Penal Code, 1860 (in short 'IPC') and 21 of the Mine and Mineral Act, registered in Police Station Sidhwan Bet, District Ludhiana.

Counsel for the petitioner submits that the petitioner was earlier granted anticipatory bail, however, on 09.07.2015, the petitioner failed to appear before the trial Court and was declared as proclaimed offender on 15.07.2016. The petitioner was arrested on 19.05.2017 and since then, he is in judicial custody. He further submits that the petitioner is not involved in any other case and on account of some miscommunication, he could not appear before the trial Court. Counsel for the State, on instructions from ASI Nirmal Singh, has opposed the prayer for bail on the ground that the petitioner Mohd. Yakub 2017.08.30 16:45 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-31242 of 2017 may again misuse the concession of bail.

I have heard counsel for the parties, perused the paperbook and the records.

Without commenting anything on merits of the case and considering the fact that the petitioner is already in judicial custody for the last more than 03 months and 10 days and is not involved in any other case, the present petition is allowed and the petitioner is ordered to be released on bail on payment of costs of Rs.5,000/- to be deposited with the District Legal Services Authority, Ludhiana subject to his furnishing bail/surety bonds to the satisfaction of the trial Court. 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 30.08.2017 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.08.30 16:45 I attest to the accuracy and authenticity of this document Chandigarh