High Court of Punjab and HaryanaCRM-M/30369/2020allowed

Raj Kumar @ Raju v. State Of Punjab

2020-12-03Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 30369 of 2020 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 30369 of 2020 (O&M) Date of Decision: 03.12.2020 Raj Kumar @ Raju ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Amandeep Chhabra, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. CRM No. 24355 of 2020 This is an application under Section 482 Cr.P.C. for exemption from filing a notarized/original Vakalatnama. The application is allowed as prayed for.

CRM-M No. 30369 of 2020 The petitioner seeks regular bail in FIR No. 40 dated 07.3.2019 under Sections 307, 450, 323, 427, 148, 149 IPC and Sections 25, 27 of the Arms Act registered at Police Station Canal Colony Bathinda, District Bathinda.

Custody certificate by way of affidavit of Deputy Superintendent, Central Jail, Bathinda has been filed through e-mail. Copy of the same is taken on record.

GURPREET SINGH 2020.12.03 15:37 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 30369 of 2020 (O&M) -2Learned counsel for the petitioner submits that the only allegation against the petitioner is that he while armed with a stick, entered the house of the complainant but no specific injury has been attributed to him. He further states that the other co-accused, namely, Pawan Kumar @ Pamma, Jatinder Singh, Sukhvir Singh @ Tundi, Guriqbal Singh and Gursharan Singh have been granted regular bail by the Coordinate Benches of this Court. Learned counsel further submits that the petitioner has been in custody from the last 01 year, 08 months and 19 days. On the other hand, learned State counsel submits that the petitioner has inflicted head injury on the person of Suba Singh and a case under the NDPS Act is also pending against him, in which he is on bail.

He further submits that in the present case, challan has been presented. As per the custody certificate, the petitioner has been in custody from the last 01 year, 08 months and 19 days. Challan has already been presented before the Court below. Moreover, the other co-accused have been granted regular bail by the Coordinate Benches of this Court. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE December 03, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.12.03 15:37 I attest to the accuracy and integrity of this document Chadigarh