High Court of Punjab and HaryanaCRM-M/4655/2018allowed

Amritpal Singh v. State Of Punjab

2018-04-25Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.4655 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.4655 of 2018 Decided on: 25.04.2018 Amritpal Singh ....Petitioner

Versus

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

Mr. Amit Arora, Advocate for the petitioner.

Ms. Samina Dhir, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.93 dated 02.03.2017, for offence punishable under Sections 379-B, 379, 411 of the Indian Penal Code (in short 'IPC') registered at Police Station Civil Lines, Amritsar City. Counsel for the petitioner has submitted that as per the allegation in the FIR, the petitioner along with other co-accused is involved in the activity of committing theft of articles. It is further submitted that the petitioner is in judicial custody since 03.03.2017 and the case is at the stage of recording the statement of prosecution witnesses and it will take some time in conclusion of the trial. As per the Custody Certificate filed by counsel for the State today in the Court, the petitioner has undergone 01 year and 01 month of sentence as undertrial and in 03 other FIRs, he is on bail. Counsel for the State has not disputed the fact that co-accused of the Mohd. Yakub 2018.04.26 14:42 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.4655 of 2018 petitioner namely Pankaj Kumar @ Pankaj has already been granted the concession of bail vide order dated 11.08.2017 passed in CRM-M No.28244 of 2017 and another co-accused of the petitioner namely Manpreet Kaur has also been granted the concession of bail vide order dated 01.04.2017 passed by the Additional Sessions Judge. Without commenting anything on merits of the case and considering the fact that the offences are triable by the Court of Magistrate; the petitioner is in custody since 03.03.2017; conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is ordered to be released on bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 25.04.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.04.26 14:42 I attest to the accuracy and authenticity of this document Chandigarh