Sonu Kumar @ Mogli v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-20367-2022 (O&M) Date of Decision: 01.08.2022 SONU KUMAR @ MOGLI ... Petitioner

Versus

STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Ms. Shweta Bawa, Advocate for the petitioner.

 


 

  **** HARNARESH SINGH GILL, J.(Oral) Through this petition, the petitioner seeks regular bail in case bearing FIR No.62 dated 11.05.2021, registered under Sections 323, 324, 341, 148, 149, 326 and 307 IPC and Section 25 of the Arms Act (added later on), at Police Station Moga, District Moga. Learned counsel for the petitioner submits that though two khanda blows on the head of Banty and Jagdev Singh @ Gora, have been attributed to the petitioner, yet the fact remains that the petitioner has been in custody since 19.05.2021 and that as far as other cases under the NDPS Act, registered against the petitioner are concerned, he is on bail in those cases.

Per contra, while opposing the prayer for grant of regular bail to the petitioner, learned State counsel does not dispute the custody period of the petitioner. He, however, submits that the petitioner had AMAN JAIN 2022.08.02 16:54 I attest to the accuracy and authenticity of this order/judgment

CRM-M-20367-2022 (O&M) -2actively participated in the occurrence, inasmuch as, he gave two specific injuries on the head of Bunty and Jagdev Singh @ Gora, which is a vital part. He further submits that the petitioner is a habitual offender and that the prosecution evidence is going on and complainant has partly been examined.

I have heard the learned counsel for the parties. The petitioner has been in custody since 19.05.2021. As per the learned counsel for the petitioner, in other cases registered against him, he is on bail. Prosecution evidence is going on and complainant is yet to be examined. In such circumstances, the trial of the case would take a long time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars. In view of the above and without commenting anything on the merits of the case, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 01.08.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2022.08.02 16:54 I attest to the accuracy and authenticity of this order/judgment