Rajinder Singhy @ Kaka v. State Of Punjab

CRM-M No.20923 of 2024 2024:PHHC:061394

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.20923 of 2024 Date of Decision: 03.05.2024 RAJINDER SINGHY @ KAKA ......Petitioner Vs STATE OF PUNJAB ....Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Atinder Pal Singh, Advocate for the petitioner.

Mr. Rahul Jindal, Asstt. A.G., Punjab.

**** HARKESH MANUJA, J. (Oral) 1.

By way of present petition filed under Section 439 Cr.P.C., prayer has been made for grant of regular bail to the petitioner in case bearing FIR No.156 dated 01.07.2023 registered under Sections 379-B(2), 411, 201 & 34 of IPC at Police Station Maqboolpura, District Amrtisar, whereby he has been implicated against the allegation of having snatched a mobile phone (VIVO) from the complainant-Kapil Raj.

2.

Learned counsel for the petitioner submits that investigation in the present case stands concluded with the filing of challan and the petitioner is in custody since 01.07.2023 besides he is ready to compensate the complainant for non-refundable sum of Rs.10,000/-; thus, prayer is for grant of regular bail to the petitioner without prejudice to his rights in the trial. 3.

On the other hand, learned State counsel vehemently opposes the prayer while submitting that such kind of incidents are on rise in the society as MOHMED ATIK 2024.05.03 17:34 I attest to the accuracy and authenticity of this order/judgment

CRM-M No.20923 of 2024 2024:PHHC:061394 also considering the short custody period of the petitioner, he does not deserve the concession of regular bail.

4.

I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made by learned counsel for the petitioner.

5.

In the present case, the petitioner is in custody since 01.07.2023 and the investigation already stands concluded with the filing of challan; the trial is likely to take some time; the petitioner, who is stated to be a young boy of 36 years' age, besides he on his own volition is ready to compensate the complainant for a non-refundable sum of Rs. 10,000/- (Ten Thousand only) without prejudice to his rights.

6.

Accordingly, without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds and surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate and deposit of nonrefundable sum of Rs.10,000/- without prejudice to his rights during trial, with the Trial Court at the time of his release, which shall be released in favour of the complainant upon due verification.

7.

It is made clear that this order may not be construed as expression of an opinion on the merits of the case.

(HARKESH MANUJA) May 03, 2024 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHMED ATIK 2024.05.03 17:34 I attest to the accuracy and authenticity of this order/judgment