High Court of Punjab and HaryanaCRM-M/25980/2020allowed

Jitender Singh v. State Of Punjab

2020-09-08Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-25980-2020 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (through video conferencing) CRM-M-25980-2020 (O&M) Date of decision: 08.09.2020 Jitender Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present:- Mr. Siddharth Pandit, Advocate for the petitioners. Ms. Samina Dhir, DAG, Punjab.

**** MANJARI NEHRU KAUL , J.

(ORAL) Instant petition has been filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.0029 dated 11.05.2019 registered under Section 336 IPC, Sections 25/54/59 of Arms Act and Sections 307, 427 and 120-B of IPC (added lateron) at Police Station Naya Gaon, SAS Nagar, Mohali, Punjab.

Learned counsel for the petitioner contends that the petitioner is neither named in the FIR nor is any role attributed to him in the FIR in question and he has been in custody since 02.12.2019 and as on date challan has not been presented.

Learned counsel further contends that his name was arrayed as accused only on the basis of disclosure statement of co-accused Jaman Singh, who stated before the police that before and after the commission of the crime in question, he and the other accused had halted at the house of the petitioner.

GEETA RANI 2020.09.08 16:07 I attest to the accuracy and integrity of this document

CRM-M-25980-2020 (O&M) -2Learned State counsel while opposing the submissions made by learned counsel for the petitioner on instructions from SI Rajni has not been able to controvert the factual aspects of the case and has admitted that the petitioner was nominated as an accused only on the disclosure statement suffered by the co-accused Jaman Singh and further no role was attributed to him qua causing any injury to the complainant. Heard.

In view of the submissions made by learned counsel and the fact that the petitioner has been in custody since 02.12.2019, the trial is unlikely to conclude in the near future more so in the wake of outbreak of pandemic Covid-19. Hence, the present petition is allowed and the petitioner is admitted to bail to the satisfaction of the trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE 08.09.2020 geeta Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No GEETA RANI 2020.09.08 16:07 I attest to the accuracy and integrity of this document