Arshpreet Singh @ Honey v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-40055 of 2019 (O&M) Date of Decision: September 25, 2019 Arshpreet Singh @ Honey ..........PETITIONER

VERSUS

State of Punjab ........RESPONDENT CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Gaurav Sharma, Advocate for the petitioner.

Mr. Avtar Singh Sandhu, Addl. A.G., Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 33 dated 06.02.2019 registered for the offences punishable under Sections 379-B, 341, 323, 201, 148, 149 read with Section 34 of Indian Penal Code at Police Station City Barnala, District Barnala. Heard.

Notice of motion.

On asking of the court, Mr. Avtar Singh Sandhu, Addl. A.G., Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him. The petitioner was arrested in this case on 22.05.2019 after addition of offence punishable under Section 379-B IPC.

-2Learned counsel for the petitioner submits that initially the FIR was registered for bailable offences. The petitioner, after his arrest, was released on bail. Thereafter, members of shop-keeper union moved an application that a gold chain of Harpreet Kaur was also snatched by accused named in FIR and they have taken away amount of `40,000/- from the counter of dairy shop being run by her husband. These facts nowhere find mention in the FIR and the police without verifying the same has presented challan against the petitioner for offence punishable under Section 379-B IPC.

Learned State counsel submits that the FIR was registered on the statement of Kuldeep Singh. During investigation, an application was moved by members of shop-keeper union, on the basis of which offence under Section 379-B IPC was added. The police during investigation has recorded statement of Harpreet Kaur, wherein she alleged that Gurjant Singh had snatched her gold chain and given beatings of Kuldeep Singh Bangar, who intervened to save her.

The petitioner was arrested on 22.05.2019. Co-accused Jagjiwan Singh @ Dholi has already been allowed regular bail vide order dated 04.09.2019 passed in CRM No. M-31447 of 2019. After completion of investigation challan has been presented against him in Court. Without expressing any opinion on merits of the case and keeping in view the fact that conclusion of evidence and then trial will take considerably long time, the present petition is allowed. Petitioner-Arshpreet Singh @ Honey is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief

-3Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) September 25, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No