High Court of Punjab and HaryanaCRM-M/51183/2018allowed

Raju v. State Of Punjab

2019-01-23Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.51183 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.51183 of 2018 Decided on: 23.01.2019 Raju ....Petitioner

Versus

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

Mr. Rajbir Singh, Advocate for the petitioner.

Mr. Sidakmeet Sandhu, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.161 dated 13.10.2017, for offence punishable under Sections 365/506/34 of the Indian Penal Code (in short 'IPC') (Section 364-A IPC added later) and 25 of the Arms Act, registered at Police Station Lehra, District Sangrur.

Counsel for the petitioner has submitted that the coaccused of the petitioner has already been granted the concession of anticipatory bail in CRM-M No.52041 of 2018 vide order of even date. It is further stated that the petitioner is in custody since 08.10.2018, challan stands presented and conclusion of the trial will take some time. It is further submitted that the petitioner is not involved in any other case and in the FIR, there is no allegation against the petitioner. Counsel for the State, on instructions from HC Major MOHD YAKUB 2019.01.23 16:08 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.51183 of 2018 Singh, has not disputed the factual position but opposed the prayer for bail.

Without commenting anything on merits of the case, considering the fact that the co-accused of the petitioner has already been granted the concession of interim anticipatory bail; he is not involved in any other case; the petitioner is in custody since 08.10.2018 and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 23.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.23 16:08 I attest to the accuracy and authenticity of this document High Court, Chandigarh