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High Court of Punjab and HaryanaCRM-M/32394/2020allowed

Balwinder Singh Alias Billa v. State Of Punjab

2021-03-04Ms. Justice Jaishree Thakur2 pages

CRM M-32394 of 2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 207 Case No. : CRM M-32394 of 2020 (O&M) Date of Decision : March 04, 2021 Balwinder Singh @ Billa ....

Petitioner vs.

State of Punjab ....

Respondent CORAM : HON'BLE MS. JUSTICE JAISHREE THAKUR. * * * Present :

Mr. Parminder Singh Kanwar, Advocate for the petitioner.

Mr. Sarabjit Singh Cheema, AAG, Punjab.

* * * JAISHREE THAKUR , J.

(Oral) :

CRM No.27408 of 2020 :

For the reasons mentioned in the application, the same is allowed and orders dated 05.10.2020, 23.09.2020 and again 23.09.2020 are taken on record as Annexures P-6, P-7 and P-8 respectively. Main Case :

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.66 dated 25.02.2020 under Sections 379-B, 342, 459, 506, 34 IPC, 1860 (offence under Section 379-B, 34 stands deleted and offence under Sections 395, 460, 325, 411, 201 added later on), registered at Police Station City Tarn Taran, District Tarn Taran.

Counsel for the petitioner contends that the matter has already MONIKA 2021.03.05 16:06 I attest to the accuracy and integrity of this document

CRM M-32394 of 2020 (O&M) been investigated and since the challan has been presented, the custody of the petitioner herein will no longer be required. Moreover, the trial is likely to take some time to conclude and therefore, prays for concession of bail to the petitioner.

Learned counsel appearing for the respondent-State opposes the bail application of the petitioner by submitting that no ground for bail is made out, however, on instructions from SI Harsa Singh, submits that charge is yet to be framed in the case.

I have heard learned counsel for the parties. Keeping in view the fact that challan has already been presented and the trial is likely to take some time to conclude, no useful purpose would be served by keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

March 04, 2021 (JAISHREE THAKUR) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2021.03.05 16:06 I attest to the accuracy and integrity of this document