Aman And Another v. State Of Punjab

CRM-M No.28513 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.28513 of 2019 Decided on: 15.07.2019 Aman and another ....Petitioners

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Lalit Singla, Advocate for the petitioners.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioners under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.57 dated 29.05.2019, for offence punishable under Sections 452, 323, 148, 149 of the Indian Penal Code (in short 'IPC'), registered at Police Station Khanauri, District Sangrur. Counsel for the petitioners has submitted that there is no allegation against petitioner No.1 except that in the FIR that he was standing and the allegation against petitioner No.2 are of causing simple injuries. It is further submitted that as per the offences in the FIR, only Section 452 IPC is non-bailable. It is also submitted that the petitioners are in custody for the last 01 months and 09 days; the investigation is complete and the petitioners are no more required for further investigation.

MOHD YAKUB 2019.07.15 17:37 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.28513 of 2019 Counsel for the State has filed the Custody Certificate today in the Court and has not disputed the factual position. It is further submitted that the challan is yet to be presented in the case. Without commenting anything on merits of the case, considering the fact that the petitioners are in custody from the last 01 month and 09 days; investigation is complete; the petitioners are not required for further investigation and conclusion of the trial is likely to take some time, this petition is allowed and the petitioners are directed to be released on bail subject to their furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate. However, it will be open for the prosecution to apply for cancellation of bail of the petitioners, in case the are found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 15.07.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.07.15 17:37 I attest to the accuracy and authenticity of this document High Court, Chandigarh