High Court of Punjab and HaryanaCRM-M/31394/2020allowed

Mamta v. State Of Punjab

2020-10-13Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

CRM-M No. 31394 of 2020 Date of decision : October 13, 2020 (Through Video Conferencing) Mamta ....... Petitioner

Versus

State of Punjab ........ Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present:- Mr. Sachin Jain , Advocate for the petitioner.

Mr. Randhir Singh Thind, DAG., Punjab.

*** Manjari Nehru Kaul, J (oral).

The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner, in case FIR No.68 dated 19.06.2020 under Section 306 IPC (Section 34 IPC was added later on) registered at Police Station Sadar Faridkot, District Faridkot. Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the case. He further contends that even a perusal of the FIR reveals that no overt act has been attributed to the petitioner so as to attract the mischief of Section 306 IPC. It has been further contended that the petitioner has been in custody since 19.06.2020 and the trial is unlikely to conclude in the near future. Learned counsel for the petitioner submits that similarly situated co-accused namely Gurdeep Singh has been extended the concession of regular bail by this Court in CRM-M-28967-2020, dated 28.09.2020.

JAWALA RAM 2020.10.13 16:14 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No. 31394 of 2020 - 2 - Learned State counsel, while opposing the regular bail to the petitioner on instructions from ASI Sukhpal Singh, has not been able to controvert the factual aspect of the submissions made by learned counsel for the petitioner. He further submits that the challan has been filed and charges are likely to be framed on the next date of hearing. Heard.

Keeping in view the fact that the petitioner has been in custody since 19.06.2020 and due to the outbreak of the pandemic COVID-19 the trial is unlikely to conclude in the near future, I deem it a fit case to grant the concession of regular bail to the petitioner. Therefore, without expressing anything on the merits of the case, the instant petition is allowed and the petitioner is ordered to be released on regular bail to the satisfaction of the trial court/Duty Magistrate.

(MANJARI NEHRU KAUL) JUDGE October 13, 2020 archana Whether speaking/reasoned Yes/No Whether Reportable Yes/No JAWALA RAM 2020.10.13 16:14 I attest to the accuracy and authenticity of this document Chandigarh