Pawandeep Singh v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-32693 of 2018 (O&M) Date of Decision: August 07, 2018 Pawandeep Singh ..........PETITIONER(s).

VERSUS

State of Punjab ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Vikasdeep Singh, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 77 dated 07.07.2018 registered for the offence punishable under Section 379-B of Indian Penal Code, at Police Station Talwandi Chaudharian, District Kapurthala.

Heard.

Notice of motion.

On asking of the court, Mr. Ramandeep S. Sandhu, Sr. DAG Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him. As per case of the prosecution, he accompanied by another person asked for mobile of complainant to make a call and then tried to forcibly snatch it. They also snatched the wallet of the complainant. In the

-2meanwhile, a friend of complainant came to the spot and identified the petitioner and his associate as Pawandeep Singh and Sukhpal Singh. On being identified, petitioner and his associate sped away from the spot on their motorcycle.

Learned counsel for the petitioner submits that it was a case of minor scuffle with the complainant. The petitioner is not a snatcher. He is a student of B.A. Ist year and was known to the complainant. There was a minor scuffle between the complainant and petitioner, which has been presented as an incident of snatching of mobile and wallet. Learned State counsel on instructions from Head Constable Surjit Singh submits that mobile of complainant make 'VIVO V7' was recovered from the petitioner. The matter is still under investigation. However, there is no other case pending against the petitioner.

Keeping in view the above facts and that conclusion of investigation, presentation of challan and then conclusion of trial will take considerably long time but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner Pawandeep Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for

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c. He shall not leave the country without prior permission of the Court.

( SURINDER GUPTA ) August 07, 2018 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No