High Court of Punjab and HaryanaCRM-M/31541/2021allowed

Mangal Singh @ Babbu v. State Of Punjab

2021-11-22Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 22.11.2021 Mangal Singh @ Babbu -Petitioner Vs State of Punjab -Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Parvesh Sachdeva, Advocate, for the petitioner.

Mr. Abhaypal Singh Gill, A.A.G., Punjab.

*** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of regular bail in his second attempt under Section 439 Cr.P.C. in case bearing FIR No.249 dated 08.12.2020 under Section 379-B IPC registered at Police Station City Fazilka, District Fazilka.

CRM-M No.5921 of 2021 was got dismissed as withdrawn on 15.02.2021.

Learned counsel for the petitioner submits that after the aforesaid withdrawal of the first petition, the parties have entered into a compromise and the complainant Parul Gupta

-2has executed an affidavit on 27.07.2021 thereby showing no objection in case bail is granted to the petitioner and coaccused Ajay Singh @ Ajji as he does not wish to take any action against the aforesaid accused nor the aforesaid accused would take any action against the complainant in future in lieu of FIR in question.

In CRM-M No.41245 of 2021, co-accused Ajay Singh @ Ajji has been granted regular bail by the High Court vide order dated 29.10.2021.

Learned counsel for the petitioner further submits that the petitioner is in custody since 08.12.2020. Challan has been submitted, charges have also been framed, but no PW has been examined so far.

Learned State counsel, however, opposed the bail on the ground of gravity of offence and dismissal of first prayer by this Court.

The factum of compromise between the parties cannot be commented upon at this stage, however, in view of bail granted to the co-accused and the stage of trial, I deem it appropriate to treat the petitioner on parity with co-accused Ajay Singh @ Ajji for granting bail.

In view of above, the petition is allowed. Petitioner is ordered to be released on regular bail, subject to his furnishing

-3adequate bail bonds/surety bonds to the satisfaction of trial Court/Duty Magistrate.

Nothing expressed hereinabove would be construed to be an opinion on the merits of the case.

22.11.2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE 1.Whether speaking/reasoned :

Yes/No 2.Whether reportable :

Yes/No