High Court of Punjab and HaryanaCRM-M/3624/2018allowed

Jasbir Singh @ Kaka v. State Of Punjab

2018-02-08Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-3624 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-3624 of 2018 Decided on: 08.02.2018 Jasbir Singh @ Kaka ....Petitioner

Versus

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

Mr. Vipin Mahajan, Advocate for the petitioner.

Mr. Sarabjit Singh Cheema, AAG, 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.50 dated 25.03.2017, for offence punishable under Sections 224, 332, 333, 353, 307, 436, 427, 186, 148, 149, 120-B IPC and 52-A of the Prisoners Act, registered at Police Station City Gurdaspur, District Gurdaspur. Counsel for the petitioner has submitted that co-accused of the petitioner namely Sandeep Singh @ Sahib Singh @ Sabbi @ Harpreet Singh has been granted concession of regular bail vide order dated 13.12.2017 passed in CRM-M-46367 of 2017, Amandeep Singh @ Noni has been granted regular bail vide order dated 20.11.2017 in CRM-M-33496 of 2017 and Parivartan Singh has been granted regular bail vide order dated 13.11.2017 in CRM-M-41220 of 2017. It is further submitted that challan has already been presented and the petitioner is in judicial lock up since 25.03.2017 and conclusion of the trial will take long time.

Mohd. Yakub 2018.02.08 18:02 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-3624 of 2018 Counsel for the State, on instructions from ASI Dharamjit Singh, has not disputed the factual position but opposed the prayer for bail on the ground that the petitioner is presently undergoing the sentence in NDPS case.

Without commenting anything on merits of the case and considering the fact that petitioner is in judicial lock up since 25.03.2017; the co-accused of the petitioner have already been granted concession of regular bail by this Court; and conclusion of trial is likely to take some time, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail/surety bond to the satisfaction of the trial court/Illaqa 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 08.02.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.02.08 18:02 I attest to the accuracy and authenticity of this document Chandigarh