Rajinder Singh And ANR v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: November 26, 2015 Rajinder Singh @ Rommy and another ......Petitioners

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest?

Present:

Mr.Satinder Malhi and Mr.Tejeshwar Singh, Advocates for the petitioners.

Mr.P.S.Paul, DAG, Punjab.

.......

NARESH KUMAR SANGHI, J.(ORAL) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioners, Rajinder Singh @ Rommy and Harpreet Singh, who have been booked for having committed the offences punishable under Sections 420, 467 and 468, IPC, in a case arising out of FIR No.325, dated 23.09.2015, registered at Police Station, Civil Lines, Amritsar.

-2Learned counsel contends that even if the whole case of the prosecution is taken at its face value, then also gravamen of Sections 420, 467 and 468, IPC, are not attracted qua the petitioners. He further contends that all the offences for which the petitioners have been booked are triable by learned Area Judicial Magistrate; after completion of the investigation, the charge-sheet (challan) has been presented and even the charges have been framed, therefore, further incarceration of the petitioners, who are neither required nor involved in any other case, would be of no consequence.

Learned counsel for the State, after taking instructions from ASI Harjit Pal, Police Station, Civil Lines, Amritsar, has not controverted the fact that the petitioners are in custody for the last about more than two months and after completion of the investigation, the charge-sheet (challan) has been presented. In view of the totality of the facts and circumstances of the case, the present petition is allowed. The petitioners, Rajinder Singh @ Rommy, son of Harjit Singh, resident of Bhalla Colony, Chheharta, Amritsar, and Harpreet Singh, son of Kushwinder Singh, resident of Chowk Moni, Inside Chattiwind Gate, Amritsar, are directed to be released on bail during pendency of the trial of the present case subject to their

-3furnishing bonds to the satisfaction of learned trial Court. November 26, 2015 (NARESH KUMAR SANGHI) meenu JUDGE