Jaskaran Singh Alias Jassa v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-28.8.2024 Jaskaran Singh @ Jassa ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Himmat Singh Deol, Advocate for the petitioner. Mr. Inderjeet Singh Ladher, DAG, Punjab.

***** FIR No.

Dated Police Station Section/s 27.3.2024 Nurpur Bedi, District Rupnagar 323, 397, 411, 458 of Indian Penal Code, wherein offence under Sections 379-B, 460 IPC and Sections 25/54/59 of Arms Act were added later on GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

The FIR was lodged at the instance of Manoj Kumar Joshi, wherein it is alleged that he is running a confectionary & mobile shop in Noorpurbedi and he has kept a .22 bore licenced revolver for his defence. It is alleged that on 26.3.2024 when he was present at his shop at about 10:30 P.M. and was moving the goods inside the shop, then one person with muffled face came to his shop and went out and later came alongwith another 3-4 persons, who

( 2 ) also had their faces muffled and two of them were carrying 'datars'. When the complainant objected to their being in his shop, one of those persons snatched his revolver and another two started hitting him on his head with 'datars' and snatched an amount of Rs.11,500/- from the pocket of his trousers. The complainant, however, managed to save himself by running away from his shop and raised alarm. It is further alleged that one of the persons also took away an amount of Rs.8,000/- lying in the shop while running away from the spot. The complainant further stated therein that later he came to know that the car used by the said assailants was bearing registration No.PB-32-V-7376 (make K-10) and that the said persons were Sukhveer Singh, Jaskaran Singh @ Jassa, Amrik Singh and Jagdeep Singh @ Babbu.

3.

Learned counsel for the petitioner submitted that the petitioner namely Jaskaran Singh @ Jassa son of Amarjit Singh is nowhere named in the FIR and has been nominated as an accused subsequently on the basis of a disclosure statement made by co-accused to the effect that he was driving the car in question. Learned counsel for the petitioner further submitted that the petitioner otherwise has a clean record and is not involved in any other case. It has also been submitted that although the petitioner has been behind bars since the last about 5 months, but no PW out of the cited 15 PWs has been examined.

4.

This Court has considered rival submissions addressed before this Court. 5.

Without commenting anything as regards merits of the case, but having regard to the custody of the petitioner i.e. more than 5 months and also the

( 3 ) fact that the trial has not even commenced till date and as many as 15 PWs have been cited, further detention of the petitioner, who otherwise has a clean record, will not serve any useful purpose.

6.

The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 28.8.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No