High Court of Punjab and HaryanaCRM-M/40319/2020allowed

Tarun Sareen @ Tannu v. State Of Punjab

2020-12-09Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 40319 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 40319 of 2020 Date of Decision: 09.12.2020 Tarun Sareen @ Tannu ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Rimple Saini, Advocate for the petitioner.

Mr. M.S.Nagra, AAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 133 dated 05.7.2020 under Sections 307, 506, 148, 149 IPC and Sections 25/27 of the Arms Act, 1959 and later on added Sections 188 IPC and Section 54/59 of the Arms Act, 1959 registered at Police Station Mohkampura, District Amritsar.

Custody certificate by way of affidavit of Deputy Superintendent, Central Jail, Amritsar has been filed through e-mail. Copy of the same is taken on record.

Learned counsel for the petitioner submits that the petitioner has not been named in the FIR and he was neither present at the spot nor any injury has been attributed to him. He further submits that the petitioner has been in custody since 02.8.2020.

GURPREET SINGH 2020.12.09 17:34 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 40319 of 2020 -2On the other hand, learned State counsel points out that one datar has been recovered from the petitioner and the weapon used by Vishwas, was alleged to be supplied by the petitioner. I have heard the learned counsel for the petitioner as well as the learned State counsel.

In the present case, neither the petitioner has been named in the FIR nor any injury has been attributed to him and he was not found present at the spot. As per the custody certificate, the petitioner has been in custody for the last 04 months and there is no other case pending against him. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE December 09, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.12.09 17:34 I attest to the accuracy and integrity of this document Chadigarh