Sandeep Singh v. State Of Punjab

CRM-M No.20034 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.20034 of 2020 (O&M) Date of Decision.26.08.2020 (Heard through VC) Sandeep Singh

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Amandeep Singh Rai, Advocate for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail in case FIR No.44 dated 17.06.2020 registered under Sections 394, 341, 307, 379-B (2), 323, 269, 270, 271, 34 IPC (Section 482, 411 IPC added later on), Sections 53 and 54 of Disaster Management Act, 2005 and Section 25 of Arms Act at Police Station Garhdiwal, District Hoshiarpur. Counsel for the petitioner herein would contend that petitioner has neither been named in the FIR nor he was present at the time of occurrence. It is further contended that the only role attributed to the petitioner is that he had affixed the number plate on the car involved in the alleged incident. The petitioner has been arrayed as an accused on the basis of statement made by co-accused Kuldeep Singh. He is in custody since 23.06.2020. The challan has been presented and therefore, seeks concession of bail to the petitioner.

Learned counsel appearing for the respondent-State would oppose the grant of bail by contending on instructions from ASI Darshan PANKAJ KUMAR 2020.08.26 15:09 I attest to the accuracy and integrity of this document

CRM-M No.20034 of 2020 (O&M) -2Singh that the challan is yet to be presented. I have heard learned counsel for the parties. Keeping in view the fact that the petitioner is in custody since 24.06.2020 and the only role attributed to him is that he being a shop owner had affixed the number plate on the car involved in the alleged incident coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, this Court deems it appropriate to grant regular bail to the petitioner as no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE August 26, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.08.26 15:09 I attest to the accuracy and integrity of this document