Manpritpal Singh @Pretty v. State Of Punjab

CRM M-40585 of 2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 209 Case No. : CRM M-40585 of 2020 (O&M) Date of Decision : March 04, 2021 Manpritpal Singh @ Pretty ....

Petitioner vs.

State of Punjab ....

Respondent CORAM : HON'BLE MS. JUSTICE JAISHREE THAKUR. * * * Present :

Ms Amarinder Kaur, Advocate for Mr. Hitesh Verma, Advocate for the petitioner.

Mr. Sarabjit Singh Cheema, AAG, Punjab.

* * * JAISHREE THAKUR , J.

(Oral) :

CRM No.29662 of 2020 :

Allowed as prayed for.

Main Case :

Reply on behalf of respondent-State has been filed. The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.139 dated 09.06.2020 under Sections 307, 506, 294, 148, 149, 120-B of IPC, 1860 and Sections 25/27 of Arms Act, 1959 (Section 120-B IPC, 1860 added later on), registered at Police Station Division No.3, District Ludhiana. Counsel for the petitioner contends that the petitioner has been falsely implicated in the case as he was already in judicial custody in another case namely FIR No.260 dated 09.10.2019, registered at Police Station Moti Nagar, District Police Commissionerate, Ludhiana, in which MONIKA 2021.03.05 16:06 I attest to the accuracy and integrity of this document

CRM M-40585 of 2020 (O&M) now he is on bail. It is further contended that being in judicial custody, he was not named in the FIR, however, was implicated on the basis of a disclosure statement of one Mughal Sharma. It is further argued that in fact, the matter already stands investigated. Since the challan has already been presented, the custody of the petitioner would no longer be required. Moreover, the trial is likely to take some time to conclude and therefore, prays for concession of bail to the petitioner. Learned counsel appearing for the respondent-State opposes the bail application of the petitioner by submitting that no ground for bail is made out, however, submits that charges are yet to be framed in the case. I have heard learned counsel for the parties.

Keeping in view the fact that challan has already been presented and the trial is likely to take some time to conclude, no useful purpose would be served by keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

March 04, 2021 (JAISHREE THAKUR) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2021.03.05 16:06 I attest to the accuracy and integrity of this document