Sukhdeep Singh @ Deepu v. State Of Punjab

THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37750 of 2020 DATE OF DECISION :- December 18, 2020 Sukhdeep Singh @ Deepu

...Petitioner

Versus

State of Punjab

...Respondent

Manmeet Singh alias Mani

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Yogesh Goel, Advocate for the petitioner in CRM-M-37750 of 2020.

Mr. Sunil Chadha, Sr. Advocate with Mr. Akshay Chadha, Advocate for the petitioner in CRM-M-38811 of 2020.

Mr. J.P. Ratra, DAG, Punjab.

*** The case has been taken up through Video Conferencing. My this order shall dispose of two petitions for grant of regular bail bearing CRM-M-37750 of 2020 filed by Sukhdeep Singh @ Deepu and CRM-M-38811 of 2020 filed by Manmeet Singh alias Maniof them accused in F.I.R. No. 118 dated 19.7.2018 for offences under Sections 452/307/148/149 IPC later on offence under Section 302/120-B IPC added registered with

Police station Division No. 2, District, Ludhiana. Briefly stated the facts of the case as per prosecution story are that on 19.7.2018 at about 11.00 A.M. Jagdeep Singh @ Rinkle was assaulted by one Jatinder Pal Singh @ Sunny along with 7-8 other boys carrying iron rods, baseball bats and datars. Resultantly, Jagdeep Singh @ Rinkle suffered multiple injuries. He was hospitalized and was given treatment, however, he succumbed to the injuries. On basis of information given to the police by Gagandeep Singh @ Mani Khera, a brother of deceased, formal F.I.R. in the matter was registered. The investigation in the case started. Various persons in the case were nominated including petitioners Sukhdeep Singh @ Deepu and Manmeet Singh alias Mani. They were arrested in this case. The petitioners had approached the Court of Sessions at Ludhiana praying for grant of regular bail but were unsuccessful, as such they have knocked at the door of 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 submitted that the main accused in this case namely Jatinder Pal Singh @ Sunny as well as another accused namely Vishal have been granted regular bail by a coordinate Bench of this Court vide order dated 19.8.2020. Copy of that order is placed on record. In the order passed in CRM-M-26237 of 2020 (O&M) and CRM-M-26255 of 2020 (O&M) on 3.11.2020 it is mentioned that SLP (Criminal) filed challenging order dated 19.8.2020 has been dismissed. Two more accused namely Gurmeet Singh @ Budhu and

Manmeet Singh @ Lambar @ Sahil have also been granted concession of regular bail by another coordinate Bench of this Court vide order dated 3.11.2020. As such on principle of parity, the petitioners be also granted that benefit. Though learned State counsel is opposing the request for grant of regular bail to the petitioners but has fairly conceded that case of the present petitioners is at par with the co-accused who have already been granted regular bail.

Thus considering all the facts and circumstances of the case and the principal of parity, the petitions call for acceptance and the same are allowed. Petitioners Sukhdeep Singh @ Deepu and Manmeet Singh alias Mani 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, Ludhiana 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.

In case the petitioners violates 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 December 18, 2020 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No