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High Court of Punjab and HaryanaCRM-M/23644/2021allowed

Surjit Singh v. State Of Punjab

2021-07-30Mr. Justice Jasgurpreet Singh Puri3 pages

THROUGH VIDEO CONFERENCE

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-23644-2021 (O&M).

Decided on: July 30, 2021.

Surjit Singh .. Petitioner

VERSUS

State of Punjab .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Kamal Narula, Advocate, for the petitioner.

Mr.Randhir Singh Thind, DAG, Punjab.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 439 of the Code of Criminal Procedure, seeking regular bail in FIR No.55 dated 24.04.2021, under Section 379-B of the Indian Penal Code (Section 411 IPC added later on) registered at Police Station Guruharsahai, District Ferozepur.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and the FIR was also lodged with a delay of 4 days. He has submitted that even otherwise also the petitioner is in custody for the last 3 months and 1 day, the

investigation of the case is already complete and the challan has already been presented on 23.06.2021. He has further submitted that there is no other case against the petitioner except one under the Punjab Excise Act. He has further submitted that no useful purpose would be served by keeping the petitioner in custody as the trial would take a long time to conclude. On the other hand, learned State counsel has submitted that it is correct that the petitioner is in custody for the last 3 months and 1 day and investigation of the case is already complete and the challan has already been presented before the competent court. He has however, opposed the grant of bail on the ground that the matter involves theft of Rs.7,000/-.

I have the learned counsel for the parties.

The investigation of the case is already complete and the challan has already been presented. The petitioner is already in custody for 3 months and 1 day. Furthermore, it is not the case of the State that in case the petitioner is released on bail then he may tamper with any evidence or may influence any witness or may flee from justice. Therefore, without commenting upon the merits of the case and considering the totality of the circumstances, the present petition is allowed. It is ordered that the petitioner shall be released on bail on furnishing bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate concerned.

However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant only

for the purpose of decision of present petition. July 30, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No