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High Court of Punjab and HaryanaCRM-M/33524/2020allowed

Ajay Kumar v. State Of Punjab

2021-01-11Mr. Justice Jasgurpreet Singh Puri2 pages

CRM-M-33524-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-33524-2020 Date of Decision: 11.01.2021 Ajay Kumar ....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present :

Mr. Ravinder Singh, Advocate, for the petitioner.

Mr. Luvinder Sofat, Assistant Advocate General, Punjab, for the respondent.

Through Video Conferencing JASGURPREET SINGH PURI , J. (Oral) The present petition has been filed under Section 439 of the Code of Criminal Procedure, for seeking grant of regular bail to the petitioner in FIR No.120 dated 17.05.2019, under Sections 302, 324, 323, 506, 148, 149 and 120-B of the Indian Penal Code, registered at Police Station Civil Lines, District Patiala.

The learned counsel for the petitioner has submitted that in the present case the petitioner is in custody since 24.07.2019 which is almost 11⁄2 years and after the completion of the investigation process, challan has already been presented in August, 2019 but the charges are still to be framed. He has further submitted that in the present case, the alleged role attributable to the present petitioner was giving blow on the biceps and he has further submitted that one of the other co-accused, namely, Manjit VIRENDRA SINGH ADHIKARI 2021.01.13 11:21 I attest to the accuracy and integrity of this document

CRM-M-33524-2020 -2Singh, to whom the similar role has been attributable, has been granted bail by the Co-ordinate Bench by this Court in CRM-M-30584-2020 on 07.10.2020 and that the petitioner is at parity with the aforesaid Manjit Singh. He has further submitted that the petitioner is not involved in any other case and therefore, he has prayed for the grant of regular bail. The learned State counsel, on instructions from ASI Pawan Puri, has submitted that it is correct that the petitioner is in custody from 24.07.2019 and so far as the parity of the petitioner with the aforesaid Manjit Singh is concerned, as per the FIR, the petitioner is in parity with the aforesaid Manjit Singh.

Therefore, considering the totality of the facts and circumstances of the present case, I deem it fit and proper to admit the petitioner on bail. Consequently, the present petition is allowed. The petitioner shall be admitted to regular bail on his furnishing bail/surety bonds subject to the satisfaction of the learned trial Court/Duty Magistrate. However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant for the purpose of deciding the present petition only.

(JASGURPREET SINGH PURI) 11.01.2021 JUDGE adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2021.01.13 11:21 I attest to the accuracy and integrity of this document