Murari Lal @ Billu v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DATE OF DECISION :- April , 2021 Murari Lal @ Billu
...Petitioner
Versus
State of Punjab
...Respondent
Sanju
...Petitioner
Versus
State of Punjab
...Respondent
CRM-M-2884 of 2021(O&M) Manjit Singh @ Mintu @ Tiger
...Petitioner
Versus
State of Punjab
...Respondent
Gurmeet Singh alias Gogi
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. J.K. Singla, Advocate for the petitioner(s) in CRM-M-36244 of 2020 and CRM-M-36849 of 2020. Mr. A.S. Brar, Advocate for the petitioner in CRM-M-2884 of 2021.
Mr. N.S. Sodhi, Advocate for the petitioner in CRM-M-8288 of 2021.
Mr. J.S. Ghuman, DAG, Punjab.
*** CRM No. 9868 of 2021 in The case has been taken up through Video Conferencing. This is an application for addition of offence under Section 411 IPC in the main petition.
Heard.
Allowed.
My this order shall dispose of four petitions for grant of regular bail bearing CRM-M-36244 of 2020 filed by Murari Lal @ Billu, CRM-M36849 of 2020 filed by Sanju, CRM-M-2884 of 2021 filed by Manjit Singh @ Mintu @ Tiger and CRM-M-8288 of 2021 filed by Gurmeet Singh alias Gogi, all of them accused in F.I.R. No. 157 dated 23.7.2020 for offences under Sections 379-B, 120-B IPC and later on offence under Section 411 IPC was added vide DDR No. 28 dated 2.8.2020 registered with Police station Bhikhi, District, Mansa.
Briefly stated the facts of the case as per prosecution story are that criminal machinery in this case was set into motion by complainant Satyawan, son of Bagirath, resident of Village Rupawas, Tehsil Nathusari Chopta, District Sirsa, who in the statement got recorded by him with the police stated that accused Baba had induced him to purchase land for a sum of Rs.22 lacs giving him an assurance that the said land would fetch profit of Rs.7/8 lacs within six months and for that purpose he asked the complainant to come to Bhikhi on 23.7.2020. The complainant arranged a sum of Rs.10 lacs and reached Bhikhi where at instance of Baba, he went to different places. At about 3.00 P.M.
, while being present near the college, four persons on two motorcycles came and snatched the bag containing cash amount from the complainant threatening him with an iron made barrel type instrument. Subsequently, on 27.7.2020, the complainant got his supplementary statement recorded in which he alleged that Manjit Singh alias Mintu alias Bawa alias Tiger, Murari Lal, Sanju, Dharma and Roshan Singh son of Mukhtiar Singh had infact snatched bag having an amount of Rs.2,50,000/- from him. The accused had been arrested in F.I.R. No. 108 dated 28.7.2020 registered with Police Station Joga for offences under Sections 399, 402 IPC read with Sections 25/54/59 of the Arms act. They were arrested on 31.7.2020 in that F.I.R and were also arrested in this case on that very day.
On completion of investigation, challan against them is said to have been filed and trial is going on. The petitioners had filed applications for grant of regular bail before the Court of Sessions at Mansa but were
unsuccessful, as such they have approached this Court craving for grant of similar relief, which request is being opposed by the State counsel. I have heard learned counsel for the petitioners and learned State counsel besides going through the record. Learned counsel for the petitioners have argued that both the eyewitnesses of the incident namely PW1 Suresh Kumar and PW2 Satyawan have not supported the prosecution story and were declared hostile witnesses. The remaining witnesses are official and of corroborative type only. The petitioners accused are behind bars since long, as such they be granted benefit of bail.
Learned State counsel has admitted the fact that Suresh Kumar, who is an eyewitness and Satyawan complainant have not deposed as per prosecution version and were declared hostile witnesses and that the accused were not named in the F.I.R and their names cropped up in the supplementary statement of the complainant. Further more, the material witnesses have not supported the prosecution version during the trial and considering the fact that the petitioners are behind bars since 31.7.2020 i.e. for a period of more than eight months, I find it proper and appropriate to accept the petitions and grant the concession of regular bail to the petitioners.
Accordingly, petitions bearing CRM-M-36244 of 2020 filed by Murari Lal @ Billu, CRM-M-36849 of 2020 filed by Sanju, CRM-M-2884 of 2021 filed by Manjit Singh @ Mintu @ Tiger and CRM-M-8288 of 2021 filed by Gurmeet Singh alias Gogi, are allowed. Petitioners Murari Lal @ Billu, Sanju, Manjit Singh @ Mintu @ Tiger and Gurmeet Singh alias Gogi
are ordered to be released on bail on their furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Mansa subject to the following conditions :- (i) they shall appear in the Court on each and every date of hearing.
(ii) they shall not give any threat or intimidation to the prosecution witnesses.
(iii) they shall not leave India without prior permission of the Court and shall surrender their Passports, if they have got one, otherwise to furnish affidavits in that regard.
(iv) they shall not indulge in any criminal activity. In case the petitioners violate any term and condition on which the bail has been granted to them, the prosecution would be entitled to apply for cancellation of bail.
(H.S. MADAAN) JUDGE April 05, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No