Sukhdeep Singh @ Sajan v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: 03.07.2018 Sukhdeep Singh @ Sajan ....Petitioner

Versus

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

Mr. Rishu Mahajan, Advocate for the petitioner.

Mr. Simran Grewal Randhawa, AAG, Punjab.

ARVIND SINGH SANGWAN , J.

(Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.144 dated 03.07.2017, for offence punishable under Sections 379-B and 411 of the Indian Penal Code (in short 'IPC'), registered at Police Station Sultanwind, District Amritsar City.

Counsel for the petitioner has submitted that as per the allegation in the FIR, the complainant along with his wife was going on a scooter when 02 unidentified persons snatched the purse of his wife and ran away on their motorcycle. The said purse was containing Rs.5,000/- and a mobile phone. It is further submitted that the petitioner was arrested in another FIR No.157 dated 20.07.2017 and while in judicial custody, his co-accused namely Manpreet Singh suffered a

disclosure statement about his involvement in the present FIR along with the present petitioner, thus, on the basis of the said disclosure statement, the petitioner is involved in the present FIR. It is also submitted that Manpreet Singh has already been granted the concession of regular bail in the present case by the Additional Sessions Judge, Amritsar vide order dated 04.01.2018, considering the fact that Manpreet Singh was arrested on the basis of the disclosure statement even in another case. It is further argued that the petitioner is in judicial lock up since 29.12.2017 and he stands acquitted in one FIR No.97.

Counsel for the State, on instructions from ASI Pradyuman Kumar, has not disputed the fact that in the present FIR, the petitioner was arrested on the basis of the disclosure statement of co-accused Manpreet Singh, however, has opposed the prayer for bail on the ground that the petitioner is involved in other 02 FIRs as noticed above. Without commenting anything on merits of the case and considering the fact that the petitioner is in judicial custody since 29.12.

2017; the investigation is complete; the petitioner is no more required for further investigation; conclusion of the trial is likely to take some time and also in view of the fact that the co-accused of the petitioner namely Manpreet Singh, on whose disclosure statement, the petitioner is involved in the present FIR has already been granted the concession of regular bail, the present petition is allowed and the petitioner is ordered to be released on bail subject to furnishing bail bonds and two heavy sureties 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, if the petitioner is found involved misusing the concession of bail, in any manner.

03.07.2018 (ARVIND SINGH SANGWAN) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No