Mandeep Singh Alias Kaku v. State Of Punjab

2024:PHHC:026335 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-37720-2023 (O&M) Date of Decision:- 26.02.2024 Mandeep Singh @ Kaku ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Lakshay Bector, Advocate, for the petitioner. Mr. Gauravdeep Singh Dhaliwal, AAG, Punjab.

***** FIR NO.

DATE POLICE STATION OFFENCES 30.07.2022 Ladhowal, District Ludhiana 379-B, (2), 34 IPC GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR. 2.

The FIR was lodged at the instance of Kamaljit Kaur wherein it is alleged that on 30.7.2022 when she was going along with her husband on a scooter, then 2 persons came on a motorcycle from behind and the person sitting on the pillion seat snatched her ear-rings. The complainant was able to note down the registration number of the said motorcycle, but they were unable to catch the said persons. 3.

Learned counsel for the petitioner submits that he has falsely been implicated in the present case. It has further been submitted that in MOHAN SINGH 2024.02.27 00:20 I attest to the accuracy and integrity of this order/judgment

CRM-M-37720-2023 (O&M) - 2 - 2024:PHHC:026335 any case, the complainant already stands examined and since the petitioner has been behind bars for the last about 1 year and 6 months, the petitioner deserves the concession of bail. 4.

Opposing the petition, learned State counsel submits that since the registration number of the motorcycle is clearly mentioned in the FIR and both the accused were intercepted by the police on the very day of occurrence, the complicity of the petitioner is clearly evident. Learned State counsel has not disputed that the complainant already stands examined. It has also been informed that as on date only 2 out of cited 11 PWs have been examined. It has been informed that apart from the present case the petitioner stands involved in one more case. 5.

This Court has considered the rival submissions. 6.

Without commenting anything as regards the merits of the case, but having regard to the fact that the complainant already stands examined and that conclusion of trial is likely to consume time inasmuch as only 2 out of cited 11 PWs have been examined, further detention of the petitioner who has already been behind bars since the last about 1 year and 6 months is not justified. The petition, as such, is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 26.02.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.02.27 00:20 I attest to the accuracy and integrity of this order/judgment