High Court of Punjab and HaryanaCRM-M/24547/2020allowed

Pawan v. State Of Punjab

2020-12-18Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-24547-2020 (O&M) Decided on : 18.12.2020 Pawan . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CRM-M-33432-2020 (O&M) Sandeep Kumar @ Lucky . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. S.K. Choudhary, Advocate, for the petitioner(s). Mr. H.S. Sullar, DAG, Punjab assisted by SI Kawaljeet Singh.

**** MANJARI NEHRU KAUL, J. (Oral):

This order shall dispose of CRM-M-24547-2020 and CRM-M33432-2020, as the issue involved in all the cases is similar. These petitions have been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in case FIR No. 53, dated 21.03.2020, under Sections 323, 427, 341, 307, 148, 149 IPC, registered at Police Station City Gurdaspur.

In compliance to the order dated 02.12.2020, affidavit of Sukhpal Singh, PPS, Deputy Superintendent of Police, City, District Gurdaspur, on behalf of respondent State, filed in the registry, has been perused. As per the affidavit, there was no x-ray report/CT scan of the injured with respect to the injuries suffered by him in the occurrence in question and hence no definite opinion could be given qua the nature of JAWALA RAM 2020.12.18 16:04 I attest to the accuracy and authenticity of this document Chandigarh injuries suffered by him.

CRM-M-24547-2020 (O&M) & CRM-M-33432-2020 (O&M) - 2 - Learned State counsel has submitted that the next date of hearing before the trial Court is 23rd December, 2020, for framing of charges and petitioner No.1 - Pawan was arrested on 21st March, 2020, whereas, petitioner No.2 - Sandeep Kumar @ Lucky surrendered before the trial Court on 07th August, 2020. Since then they have been in custody. Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioners, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioners are admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE December 18, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.12.18 16:04 I attest to the accuracy and authenticity of this document Chandigarh