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High Court of Punjab and HaryanaCRM-M/23598/2021allowed

Lakhwinder Singh @ Soni v. State Of Punjab

2022-02-10Mr. Justice Avneesh Jhingan2 pages

CRM-M-23598-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23598-2021 Date of Decision: 10th February, 2022 Lakhwinder Singh @ Soni

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Kanwaljeet Singh Brar, Advocate, for the petitioner.

Mr. Sandeep Kumar, Deputy Advocate General, Punjab. AVNEESH JHINGAN, J. (Oral) 1.

Due to COVID-19 situation, the Court is convened through video conference.

2.

This petition, under Section 439 Cr.P.C., has been filed seeking regular bail in FIR No. 109, dated 8th August, 2020, under Sections 382/34 IPC and Section 25 of the Arms Act, 1959, registered at Police Station Sadar, Faridkot, District Faridkot.

3.

FIR in the present case was registered at the instance of Lovepreet Singh, alleging that on 8th August, 2020, three persons came in a car with covered faces. They were armed with pistols and snatched Rs. 25,000/-, one gold chain and some bracelets made of silver. They also took away mobile phone of the complainant.

PRASHANT KAPOOR 2022.02.10 17:36 I attest to the accuracy and authenticity of this document

CRM-M-23598-2021 4.

Learned counsel for the petitioner submits that the petitioner is in custody since 15th August, 2020. He was not named in the FIR. Eyewitness and complainant have not supported the case of the prosecution. 5.

Learned State counsel on instructions from ASI Gulab Singh, opposes the prayer. However, fairly submits that the complainant and eyewitness have not supported the case. 6.

Without making any comments on the merits of the case, considering the custody period of the petitioner; the fact that investigation is complete; out of eleven only three prosecution witnesses have been examined; and that conclusion of trial is likely to take time, the petitioner is granted bail, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned. 7.

The petition is allowed.

8.

It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. (AVNEESH JHINGAN) JUDGE 10th February, 2022 Pkapoor Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO PRASHANT KAPOOR 2022.02.10 17:36 I attest to the accuracy and authenticity of this document