Amarjit Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-49399-2021 (O&M) Amarjit Singh ... Petitioner

Versus

State of Punjab ... Respondent (II) Vinod Kumar @ Sona ... Petitioner

Versus

State of Punjab ... Respondent Date of Decision:-27.9.2022

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Anshul Sharma, Advocate for Mr. Satnam Singh Thakur, Advocate, for the petitioner in CRM-M-49399-2021.

Mr. Ravinder Bangar, Advocate, for the petitioner in CRM-M-16623-2022.

Ms. Swati Batra, DAG, Punjab, assisted by ASI Tejender Singh ***** GURVINDER SINGH GILL, J. (Oral) 1.

This order shall dispose of the above mentioned two petitions filed on behalf of petitioners Amarjit Singh and Vinod Kumar @ Sona seeking grant of

( 2 ) CRM-M-49399-2021 (O&M) & regular bail in respect of a case registered vide FIR No.103, dated 11.8.2021, Police Station Chabbewal, District Hoshiarpur, under Sections 382, 411, 201 and 34 of Indian Penal Code.

2.

The FIR was lodged at the instance of Branch Post Master, Post Office Patti, Police Station Chabbewal, District Hoshiarpur, wherein it is alleged that on 11.8.2021 two persons with muffled faces had entered the post office and had forcibly taken away an iron cash box containing an amount of Rs.7,000/-. It is further the case of prosecution that subsequently the complainant made a supplementary statement to the effect that the total cash in the iron box snatched was Rs.9,992/-.

3.

Learned counsel for the petitioners have submitted that the petitioners have falsely been implicated in the present case on the basis of a disclosure statement allegedly made by Vinod Kumar @ Sona (petitioner in CRM-M16623-2022), while he was in custody in connection with some other case. It has been submitted that such like disclosure statement will not carry any evidentiary value and that, as such, the petitioners, who have been behind bars since the last more than 1 year, deserve to be released on bail. 4.

Learned counsel representing the petitioner Amarjit Singh has informed that pursuant to directions issued by this Court, the petitioner Amarjit Singh has deposited an amount of Rs.15,000/- by way of bank draft favouring Postmaster Patti. A copy of acknowledgment receipt in respect of deposit of aforesaid amount of Rs.15,000/- has been furnished by learned counsel for the petitioner-Amarjit Singh (in CRM-M-49399-2021), which is taken on record.

( 3 ) CRM-M-49399-2021 (O&M) & 5.

Opposing the petition, learned State counsel submitted that since there is sufficient evidence to connect the petitioners with the alleged offence, no case for grant of bail is made out. Learned State counsel has, however, informed that both the petitioners have been behind bars since the last more than 1 year. It has also been informed that while petitioner-Amarjit Singh (in CRM-M-49399-2021) stands involved in 1 other case, petitioner Vinok Kumar @ Sona (in CRM-M-16623-2022) stands involved in 5 other cases. Learned State counsel has further informed that challan already stands presented in the present case.

6.

This Court has considered rival submissions.

7.

Having regard to the nature of offence and while also bearing in mind that the petitioner-Amarjit Singh (in CRM-M-49399-2021), pursuant to directions issued by this Court, has already deposited an amount of Rs.15,000/- by way of a demand draft favouring Post Master, Patti, District Hoshiarpur and while also bearing in mind that the trial in its normal course is not likely to be concluded in immediate future, further detention of the petitioners would not be justified. Both the petitions, as such, are allowed and the petitioners are ordered to be released on regular bail on their furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 8.

A copy of this order be placed on the file of connected case. 27.9.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No