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High Court of Punjab and HaryanaCRM-M/32813/2020allowed

Ranjit Singh v. State Of Punjab

2020-11-17Mrs. Justice Alka Sarin2 pages

203-3

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-32813-2020 (O&M) Date of decision : 17.11.2020 Ranjit Singh ... Petitioner(s)

Versus

State of Punjab ... Respondent(s)

CORAM:

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Sanjeev Kumar Banga, Advocate for the petitioner. Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

**** ALKA SARIN, J. (ORAL) Heard through video conferencing.

The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 (for short, 'CrPC') for grant of regular bail to the petitioner in FIR No.127 dated 27.06.2019 under Sections 307, 353, 332, 186, 224, 436, 427, 148, 149 of the Indian Penal Code, 1860 (Section 120-B IPC and Section 52 of Jail Act, 1894 added later on) registered at Police Station Division No.7, Ludhiana. Learned counsel for the petitioner has contended that the only role attributed to the petitioner is of instigating the crowd. He has further contended that the similarly situated co-accused against whom also the only allegation was regarding instigation of the crowd, have been granted bail by this Court in CRM-M No.14153 of 2020 titled as "Gagandeep @ Gagandeep Singh V/s State of Punjab" decided on 30.06.2020; CRM-M No.18018 of 2020 titled as "Romins V/s State of Punjab" decided on 13.08.2020; CRM-M No.15084 of 2020 titled as "Gurjant Singh V/s YOGESH SHARMA 2020.11.17 22:27 I attest to the accuracy and integrity of this document

CRM-M-32813-2020 (O&M) -2- State of Punjab" decided on 29.06.2020; CRM-M No.26979 of 2020 titled as "Karan Chaudhary @ Karam Chaudhary V/s State of Punjab" decided on 16.09.2020; CRM-M No.46775 of 2019 titled as "Karamjit Singh @ Kalu V/s State of Punjab" decided on 08.01.2020 Mr. Ramandeep Sandhu, Sr. DAG, Punjab, on instructions from ASI Satvir Singh, is not in a position to controvert that the similarly situated co-accused against whom similar allegations have been made, have been granted regular bail by this Court.

Keeping in view the facts and circumstances of the case and on the ground of parity, I deem it fit to grant the concession of regular bail to the petitioner. Accordingly, the present petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Illaqa Magistrate/Duty Magistrate/Trial Court concerned.

However, the Prosecution will always be at liberty to apply for cancellation of bail in case the petitioner is found to be misusing the concession of bail in any manner.

It is, however, made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case. ( ALKA SARIN ) JUDGE 17.11.2020 Yogesh Sharma NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2020.11.17 22:27 I attest to the accuracy and integrity of this document