Gurdarshan Singh Alias Jashanpreet v. State Of Ut Chandigarh
CRM-M-26680 of 2021
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-26680 of 2021 DATE OF DECISION :- November 03, 2021 Gurdarshan Singh @ Jashanpreet
...Petitioner
Versus
The State of U.T. Chandigarh
...Respondent
CORAM:
HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Manjot Gujral, Advocate for the petitioner. Mr. A.M. Punchhi, PP, U.T. Chandigarh with Mr. Anupam Bansal, APP U.T., Chandigarh. *** This second petition for regular bail has been filed by petitioner Gurdarshan Singh @ Jashanpreet, son of Sh. Lal Singh, aged 23 years, resident of village Village Bheora, Tehsil and District Rupnagar, an accused in F.I.R. No. 101 dated 27.7.2020 registered with Police Station West-11, Chandigarh (U.T.) for offences under Sections 379-A, 356 IPC (Later on offences under Sections 411, 473, 34 IPC added). The first petition filed by him bearing CRM-M-39684 of 2020 was withdrawn on his behalf and it was dismissed as withdrawn vide order dated 31.3.2021 (Annexure P-2).
Briefly stated the facts of the case as per prosecution story are that petitioner Gurdarshan Singh @ Jashanpreet was arrested by the police during investigation of the F.I.R in question on 5.8.2020 and a gold chain was recovered from his possession, which was snatched property belonging to complainant Shakuntla. The recovered gold chain was taken into police possession. On completion of investigation challan is said to have been filed against him in the Court. Though charge has statedly been framed but no PW has been examined so far. As per custody certificate available on the record, he is behind bars for a PARVINDER SINGH 2021.11.03 15:59 I attest to the accuracy and integrity of this document
CRM-M-26680 of 2021 period of 1 year 3 months. He is shown to be involved in three more criminal cases, though reportedly on bail in such cases as stated at bar by learned counsel for the petitioner. Since the trial is at initial stage with no prosecution witness having been examined so far, the prosecution is said to have cited 16 Pws in the challan. In that way the conclusion of trial is likely to take some time. The guilt of the accused shall be determined during the trial, as such I find that the petition deserves to be accepted and it is hereby allowed. Petitioner Gurdarshan Singh @ Jashanpreet is ordered to be released on bail on his furnishing bail bond and surety bond to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Chandigarh subject to the following conditions :- (i) he shall appear in the Court on each and every date of hearing.
(ii) he shall not give any threat or intimidation to the prosecution witnesses.
(iii) he shall not leave India without prior permission of the Court and shall surrender his Passport, if he has got one, otherwise to furnish affidavit in that regard.
(iv) he shall not indulge in any criminal activity. (v) he shall get his presence marked in police station West-11, Chandigarh on every Saturday of the week between 11.00 A.M. to 2.00 P.M. so that an eye can be kept on his movements and he is deterred from indulging in any criminal activity. In case the petitioner violates any term and condition on which the bail has been granted to him, the prosecution would be entitled to apply for cancellation of bail.
(H.S. MADAAN) JUDGE November 03 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2021.11.03 15:59 I attest to the accuracy and integrity of this document