High Court of Punjab and HaryanaCRM-M/20539/2020allowed

Sahil v. State Of Punjab

2020-11-11Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 20539 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 20539 of 2020 Date of Decision: 11.11.2020 Sahil ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Gobind Singh Randhawa, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 143 dated 27.5.2020 under Sections 379-B, 34, 411 IPC registered at Police Station Division No. 8, District Police Commissionerate Jalandhar. Custody certificate by way of affidavit of Deputy Superintendent, Central Jail, Kapurthala has been filed through e-mail. Copy of the same is taken on record.

Learned counsel for the petitioner submits that the allegations against the petitioner are that, he in connivance with other co-accused, looted Rs. 2400/- from the complainant and snatched his mobile phone and that there is a delay of 13 hours in lodging the present FIR. He further submits that the petitioner has been suffering from HIV and Hepatitis-B. Learned counsel further submits that the petitioner has been in custody from GURPREET SINGH 2020.11.11 17:33 I attest to the accuracy and integrity of this document Chadigarh the last 05 months and 10 days and there is no other case against him.

CRM-M No. 20539 of 2020 -2On the other hand, learned State counsel submits that vide order dated 29.6.2020, the learned Additional District and Sessions Judge, while declining the bail application of the petitioner, has observed that the petitioner has been duly identified by the complainant vide identification memo. However, he has not disputed the fact that the petitioner has been in custody from the last 05 months and 10 days and there is no other case against him. Learned counsel further submits that challan has been presented and the charges are yet to be framed. As per the custody certificate, the petitioner has been in custody from the last 05 months and 10 days. Challan has been presented in the present case and the charges are yet to be framed. Moreover, there is delay of 13 hours in lodging the present FIR. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE November 11, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.11.11 17:33 I attest to the accuracy and integrity of this document Chadigarh