Harpreet Singh Honey v. State Of Punjab

CRM-M No.40797 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.40797 of 2021 (O&M) Date of Decision:23.12.2021 Harpreet Singh Honey

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Rahul Bhargawa, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab.

**** JAISHREE THAKUR, J.

(ORAL) This is a petition that has filed under Section 439 Cr.P.C. seeking grant of regular bail to the petitioner in FIR No.343 dated 16.12.2020 under Section 307 IPC and Sections 25, 27 of the Arms Act registered at Police Station Civil Lines, Patiala. Learned counsel for the petitioner would contend false implication by stating that the petitioner herein has been nominated as an accused in the said FIR on the basis of a disclosure statement made by the co-accused, while in custody. It is further contended that the co-accused has already been granted regular bail by this Court in CRM-M No.21217 of 2021 titled as Inderpal Singh Vs. State of Punjab vide order dated 10.09.2021. The investigation has been completed and the challan stands presented and therefore, custody of the petitioner would no longer be required.

Learned counsel appearing on behalf of the respondent-State opposes grant to bail to the petitioner by contending that the allegations PANKAJ KUMAR 2021.12.23 17:29 I attest to the accuracy and integrity of this document

CRM-M No.40797 of 2021 (O&M) -2levelled against the petitioner are serious in nature, however, she does not dispute the fact that the investigation has been completed and the challan stands presented.

I have heard learned counsel for the parties and have perused the paper book. Keeping in view the fact that the investigation has been completed and the challan stands presented and the fact that the co-accused has already been granted concession of bail by this Court and the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. Consequently, the instant petition is allowed and the petitioner is directed to be released on regular bail on his execution of adequate personal/surety bonds to the satisfaction of concerned trial court/Duty Magistrate. However, any observations made hereinbefore shall not be construed as an expression on merits of the case and is limited only for the purpose of decision of the instant bail petition. (JAISHREE THAKUR) December 23, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.12.23 17:29 I attest to the accuracy and integrity of this document