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High Court of Punjab and HaryanaCRM-M/31305/2023allowed

Jaswinder Singh @ Galla v. State Of Punjab

2023-09-13Mr. Justice Rajbir Sehrawat2 pages

2023:PHHC:120562 CRM-M-31305-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31305-2023 Date of Decision: 13.09.2023 Jaswinder Singh @ Galla ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Dhiraj Jindal, Advocate, for the petitioner.

Mr. Jaspal Singh Guru, AAG, Punjab, for the respondent.

Mr. P.S.Sekhon, Advocate, for the complainant.

***** RAJBIR SEHRAWAT, J. (ORAL) The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.22 dated 28.01.2022, registered under Section 306 of the Indian Penal Code, 1860, at Police Station City Sunam, District Sangrur.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner is not involved in the crime as alleged against him. Even in the incident, which is stated to be the root cause behind committing suicide by the deceased, the petitioner had no role. Moreover, all the other co-accused of the petitioner have already been granted anticipatory bail by the co-ordinate Bench of this VIRENDRA SINGH ADHIKARI 2023.09.14 11:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:120562 CRM-M-31305-2023 -2Court. The petitioner is not required for any investigation purposes and that he is in custody since 17.04.2023. Therefore, the petitioner deserves to be released on bail pending trial.

On the other hand, learned State counsel, being assisted by Mr. P.S.Sekhon, counsel for the complainant, has submitted that the petitioner is directly involved in the case. The deceased has committed suicide because of the incident in which the petitioner also participated. However, it is not disputed that all the co-accused of the petitioner, with almost similar allegations, have already been granted benefit of anticipatory bail. In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 13.09.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.09.14 11:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh