Parwinder Singh @ Pinda v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25247-2022 (O&M) Date of decision: 29.08.2022 Parwinder Singh @ Pinda ... Petitioner Vs.

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

Present:

Mr. J.S. Sandhu, Advocate for the petitioner.

Mr. S.S. Goripuria, DAG, Punjab.

******* ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this 3rd petition is for grant of regular bail in FIR No.93 dated 04.08.2021 under Sections 379-B, 341, 473, 411, 34 IPC and Sections 25/27/54/59 of Arms Act, registered at Police Station Sadar Moga, District Moga; earlier two petitions were dismissed as withdrawn on 10.01.2022 and 06.04.2022.

Learned counsel for the petitioner submits that new ground for filing this petition is that now the investigation is complete; the petitioner is in custody for the last about 01 year; he is not involved in any other case; challan

-2stands presented; charges have been framed and till date, no prosecution witness has been examined, therefore, it will take some time in conclusion of the trial.

Brief facts of the case are that complainant Gurmeet Singh recorded a statement that he is working as Patwari in Block Development and Panchayat Samiti. On 01.08.2021, he was returning back in his car and when he crossed the toll plaza and stopped the car for easing, four unidentified persons came on the motorcycle and forcibly snatched key of the car and fled away. Thereafter, he narrated the incident to his maternal uncle Kikkar Singh and they were searching the car at their own, which is valued Rs.1.50 lac. Learned counsel has argued that the FIR was registered after a gap of four days and on the basis of supplementary statement of complainant Gurmeet Singh, the petitioner was nominated in the present case and the car was recovered. It is further submitted that one more accused Avtar Singh has also been arrested.

Learned State counsel has filed the custody certificate in the Court today, according to which, the petitioner is in custody for the last 01 year and 10 days and is not involved in any other case. It is not disputed that in the case, charges have been framed, however, till date, no prosecution witness has been examined.

After hearing learned counsel for the parties, without commenting anything on merits of the case and considering aforesaid facts and circumstances of the case, this petition is allowed and the petitioner is directed

-3to be released on regular bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned. Petition is disposed of.

[ ARVIND SINGH SANGWAN ] 29.08.2022 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No