Gurjit Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 21.12.2018 Gurjit Singh ..Petitioner

Versus

State of Punjab ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:

Mr. H.P.S. Ishar, Advocate for the petitioner.

Ms. Samina Dhir, DAG, Punjab for the respondent-State.

Mr. Ranjan Lakhanpal, Advocate for the complainant.

*** Daya Chaudhary, J. (Oral) Criminal Misc. No.45640 of 2018 This application has been moved for placing on record Annexures P-19 to P-21.

Application is allowed and Annexures P-19 to P-21 are taken on record.

Criminal Misc. No. M-40505 of 2018 The present petition has been filed by petitioner-Gurjit Singh under Section 439 Cr.P.C. for grant of regular bail to him in case FIR No. 14 dated 12.03.2017 registered under Section 420 read with Section 120-B of Indian Penal Code at Police Station Chohla Sahib, District Tarn Taran. Learned counsel for the petitioner submits that the case of the petitioner is at par with his co-accused Angrej Singh, who has been released

.......

on regular bail. The petitioner is in custody since 16.06.2017 and the offence is triable by the Magistrate. The bail has been declined only on the ground that many cases are pending against the petitioner. Learned counsel for the petitioner has also placed on record detail of the cases. However, charges have not been framed in those cases. The petitioner is on bail in six cases and the 7th case is the present one. In one case, petition for quashing of FIR has been filed, which is pending.

Learned State counsel has opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is a habitual offender as many cases are pending against him but has not disputed the custody period as well as release of co-accused Angrej Singh on bail and the offence is triable by the Magistrate. Heard arguments of learned counsel for the petitioner as well as learned State counsel and have also perused the contents of the FIR and other documents available on the file.

Without commenting anything on the merits of the case and keeping in view the submissions made by learned counsel for the petitioner that the petitioner is in custody since 16.06.2017; co-accused, namely, Angrej Singh has been released on bail, the present petition is allowed and the petitioner (Gurjit Singh) is directed to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court. However, it is made clear that in case, the petitioner is found to be involved in any other case of similar nature, the State is at liberty to move an application for cancellation of bail. The petitioner is also directed to deposit his passport with the

.......

trial Court and in case, he wants to leave the country, the prior permission of the Court be obtained.

21.12.2018 (DAYA CHAUDHARY) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable No