High Court of Punjab and HaryanaCRM-M/41337/2017allowed

Mangal Khan v. State Of Punjab

2017-11-14Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-41337 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-41337 of 2017 Decided on: 14.11.2017 Mangal Khan @ Ravi Koch @ Avtar Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. G.S. Saraon, Advocate for the petitioner.

Mr. Amandeep S. Gill, Sr. DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.106 dated 21.07.2016, for offence punishable under Sections 420 read with Section 34 of the Indian Penal Code (in short 'IPC') registered at Police Station Canal Colony, District Bathinda. Counsel for the petitioner has submitted that the petitioner is in judicial custody since 12.09.2017 and the offences are triable by the Court of Magistrate. It is further submitted that co-accused against whom the allegations of payment of money are made i.e. Amarjeet Singh Dhaliwal has been granted the concession of anticipatory bail by this Court vide order dated 03.10.2017 in CRM-M No.36736 of 2017.

Counsel for the petitioner has further submitted that investigation in the case has already been concluded, the police has already submitted the challan under Section 173 Cr.P.C. and charges are yet to be framed and conclusion of the trial will take long time. Mohd. Yakub 2017.11.

CRM No.M-41337 of 2017 Counsel for the State, on instructions from HC Sukh Ram has not disputed the factual position but opposed the prayer for bail. Without commenting upon merits of the case and considering the fact that the petitioner is in judicial custody since 12.09.2017; the offences are triable by the Court of Magistrate; the investigation has already been completed and it will take long time in conclusion of the trial which is at initial stage as charges are yet to be framed, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 14.11.2017 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.11.16 11:13 I attest to the accuracy and authenticity of this document Chandigarh