High Court of Punjab and HaryanaCRM-M/45870/2017allowed

Harmanjot Singh v. State Of Punjab

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

CRM-M No.45870 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.45870 of 2017 (O&M) Decided on: 04.04.2018 Harmanjot Singh ....Petitioner

Versus

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

Mr. Kailash Chander, Advocate for the petitioner.

Mr. Abhay Pal Singh Gill, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) CRM No.11975 of 2018 Heard.

Allowed as prayed for.

The orders dated 04.08.2017 and 31.10.2017 are taken on record as Annexures P3 and P4.

MAIN CASE Prayer in this petition is for grant of regular bail to the petitioner in FIR No.83 dated 18.06.2017, for offence punishable under Sections 307, 392, 473, 411, 325, 394, 397, 465, 471, 120-B, 148, 149 of the Indian Penal Code (in short 'IPC') and 25 of the Arms Act, registered at Police Station Mataur, District Mohali. Counsel for the petitioner has submitted that co-accused of the petitioner namely Karanbir Singh and Anuj Jagga have already been granted the concession of regular bail vide order dated 31.10.2017 Mohd. Yakub 2018.04.04 18:55 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.45870 of 2017 (O&M) passed in CRM-M No.35262 of 2017 and order dated 04.08.2017 passed in CRM-M No.27728 of 2017. It is further submitted that the petitioner is in judicial lock up since 27.06.2017 and the police has completed the investigation and submitted the report under Section 173 Cr.P.C. It is also stated that there is no direct allegation against the petitioner for causing injuries to Tilak Raj and conclusion of the trial is likely to take some time.

Counsel for the State, on instructions from ASI Lakhwinder Singh, has however opposed the prayer for bail on the ground that the petitioner is involved in two more cases. Without commenting anything on merits of the case and considering the fact that the petitioner is in judicial custody since 27.06.2017; charges are yet to be framed; the co-accused of the petitioner have already been granted the concession of regular bail and 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 04.04.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.04.04 18:55 I attest to the accuracy and authenticity of this document Chandigarh