High Court of Punjab and HaryanaCRM-M/28407/2020allowed

Munish Kumar Alias Manni v. State Of Punjab

2020-09-29Ms. Justice Ritu Bahri2 pages

CRM No. M-28407 of 2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-28407 of 2020 Date of decision 29.09.2020 Munish Kumar @ Manni

...Petitioner

Vs.

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vishal Munjal, Advocate, for the petitioner.

Mr. Suveer Shoekand, Addl.A.G. Punjab *** Ritu Bahri, J. (Oral) This petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.33 dated 08.03.2017, under Sections 363/366-A/376 IPC, registered at Police Station Division No. II, Pathankot. Learned counsel for the petitioner has referred to CRM-M12028-2017, decided on 20.04.2017 (P-3) whereby petitioner was granted regular bail in the above F.I.R but at that time Section 376 IPC was not there in the F.I.R. The petitioner then again filed CRM-M-16342-2018 for grant of anticipatory bail under Section 376 IPC in the above F.I.R and was granted interim relief on 30.04.2018 (P-4) but thereafter, due to his illness, he could not appear on certain dates and was declared Proclaimed offender, vide order dated 05.02.2020 (P-6). Now the petitioner has surrendered on 11.03.2020 and is now behind bars.

Learned State counsel on instructions states that as per custody GAURAV ARORA 2020.09.30 14:38 I attest to the accuracy and integrity of this document Chandigarh certificate dated 28.09.2020, the petitioner has undergone 07 months and 03

CRM No. M-28407 of 2020 -2days of custody. One another F.I.R No. 22 dated 11.03.2020 under Section 174-A IPC, registered at P.S. Division No. 2, Pathankot is pending against him.

Heard.

Keeping in view the COVID 19 situation and the fact that trial will take some time for its conclusion, this court feels that there is no need to detain the petitioner any longer. Accordingly, this petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Pathankot. (RITU BAHRI) 29.09.2020 JUDGE G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GAURAV ARORA 2020.09.30 14:38 I attest to the accuracy and integrity of this document Chandigarh