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High Court of Punjab and HaryanaCRM-M/34164/2023allowed

Gurdev Singh v. State Of Punjab

2024-01-04Mr. Justice Harkesh Manuja2 pages

2024:PHHC:000120

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-34164-2023 Date of Decision: January 04, 2024 GURDEV SINGH ........Petitioner

Versus

STATE OF PUNJAB ........Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Jagjeet Singh, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab.

**** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition filed under Section 439 CrPC, prayer has been made for grant of regular bail in case FIR No. 66 dated 19.04.2023 registered under Section 379-B, 411 and 34 IPC at Police Station Cantonment, District Amritsar wherein, the petitioner has been implicated with the allegations of having snatched a mobile phone from the complainant.

2.

The prayer made herein has been opposed at the instance of learned State counsel while submitting that such kind of incidents are on the rise in society and considering the custody part, the petitioner does not deserve the concession of regular bail. 3.

I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner.

4.

In the present case, the investigation already stands concluded with the filing of challan and the petitioner is behind the bars TEJWINDER SINGH 2024.01.05 15:13 I attest to the accuracy and integrity of this document

2024:PHHC:000120 -2CRM-M-34164-2023 for a period of almost 8 months now, even the charges have been framed. Further, the petitioner is not involved in any other case of similar nature and learned counsel for the petitioner on instructions even volunteers to deposit a non-refundable sum of Rs.15,000/- as compensation to the complainant without prejudice to his rights in trial. Considering the aforesaid, this Court does not find justification to extend his incarceration any further.

5.

In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate and deposit of Rs.15,000/- with the trial Court at the time of his release, which shall be released in favour of the complainant upon due verification. 04.01.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2024.01.05 15:13 I attest to the accuracy and integrity of this document