Ravinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-20889-2019 (O&M) Date of Decision:-13.5.2019 Ravinder Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kawaljyot Singh, Advocate for the petitioner. Ms. Rashmi Attri, AAG, Punjab.

***** GURVINDER SINGH GILL, J .(Oral) Petitioner Ravinder Singh has filed this petition seeking grant of regular bail in respect of a case registered against him vide FIR No.294 dated 19.12.2018 under Sections 394/34 IPC at Police Station Moti Nagar, District Ludhiana.

The FIR was lodged at the instance of Sanjeev Kumar wherein it has been alleged that he has been working as a Salesman in Big Car Bazaar, Sector 38, Chandigarh and that the proprietor of the said car bazaar is Amritpal Singh. It is alleged that on 19.12.2018, one Sikh young man came to see a car and expressed that he liked a Swift Dezire car bearing registration No.PB-11-BH-0530 and went along with him to take a drive. It is alleged that shortly thereafter two other boys also sat in the car and they said they wanted to show the car to their father. When the complainant got suspicious and told them to stop the car, he was attacked by one of them with a 'Kanda' like 'Datar' hitting him on his left hand. There was a scuffle KAMAL KUMAR 2019.05.14 11:16 I attest to the accuracy and integrity of this document

CRM-M-20889-2019 - 2 - between them and the complainant got out of the car and the three boys fled away with the car.

The learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that since one of the coaccused namely Lakhwinder Singh, who is identically situated, has already been granted bail, the petitioner also deserves the concession of bail on grounds of parity.

Opposing the petition, the learned State counsel has informed that since the petitioner has been duly identified, no case for grant of bail is made out. It has however, been informed that challan has already been presented but none of the prosecution witness out of the cited 10 PWs has been examined so far.

Having considered rival submissions addressed before this Court and bearing in mind the fact that challan has already been presented and one of the identically situated co-accused is already on bail, in my opinion, no useful purpose will be served by further detaining the petitioner behind bars. The petition is accepted and the petitioner Ravinder Singh is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

It is, however, clarified that none of the observations made above shall be taken to be an expression on merits of the main case. 13.5.2019 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No KAMAL KUMAR 2019.05.14 11:16 I attest to the accuracy and integrity of this document