Johny Kuar Alias Jony v. State Of Punjab

CRM-M-26739-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-26739-2020 Date of Decision: 18.09.2020 Johny Kumar alias Jony ....petitioner

Versus

The State of Punjab .....Respondents

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Pradeep Kumar Kapila, Advocate, for the petitioner.

Mr. Rana Harjasdeep Singh, DAG, Punjab.

KARAMJIT SINGH , J. (Oral) The case has been taken up through Video Conferencing due to prevailing situation of COVID-19.

The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 185 dated 31.10.2019 registered for the offence punishable under Section 379 (B) of Indian Penal Code (for short, "IPC") at Police Station City-I, District Mansa.

I have heard learned counsel for the petitioner as well as learned State counsel.

As per the allegations appearing on the record, two young man, aged about 30/32 years, snatched purse belonging to mother of the complainant on 30.10.2019. The purse was alleged to be containing the Aadhar Card of the complainant and Rs.800/-. After snatching the purse, both the miscreants ran away from the spot. The FIR relating to the said incident was recorded on the next day, i.e., 31.10.2019.

VIRENDRA SINGH ADHIKARI 2020.09.18 17:23 I attest to the accuracy and integrity of this document

CRM-M-26739-2020 -2Co-accused Kuldip Singh is stated to be released on bail under Section 167(2) Cr.P.C. The petitioner was arrested after about 06 months of the alleged occurrence. He is in custody since 27.05.2020. It is alleged that the Aadhar Card of the complainant was recovered from his possession. The challan has already been presented in the Court, on the completion of investigation. There is doubt regarding the identity of the snatchers, which will be clarified/explained by the prosecution at the time of trial. The petitioner is in custody for the last more than 03 months, as per the custody certificate available on the record. It will take considerable time for completion of the trial, which is yet to commence. So, no purpose would be served by detaining the petitioner in custody for any further period.

In the light of the aforesaid, without commenting on the merits of the case, petitioner-Johny Kumar alias Jony is ordered to be released on regular bail pending trial, on his furnishing bail bonds/surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Mansa. It is further directed that the petitioner should not involve himself in such like illegal activities during the pendency of the trial.

(KARAMJIT SINGH) JUDGE 18.09.2020 adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2020.09.18 17:23 I attest to the accuracy and integrity of this document