Lakhwinder Singh Alias Lakha v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-40542-2025 Date of Decision:-04.08.2025 Lakhwinder Singh @ Lakha ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE H. S. GREWAL Present:- Mr. Preetwinder Singh Dhaliwal, Advocate for the petitioner. ***** H. S. Grewal , J.(Oral) 1.

The present petition has been filed under Section 483 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail in FIR No.0002 dated 11.01.2023 under Sections 379-B and 34 of Indian Penal Code (Section 201 of IPC added later on) registered at Police Station Rureke Kalan, District Barnala.

2.

The case of the prosecution is that the petitioner along with coaccused had snatched the mobile phone from the complainant. 3.

Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the present FIR. That the allegations in the FIR are with regard to snatching of mobile phone by unknown persons, whereas application along with one Balkaran Singh and Lali Singh have been nominated as accused by name. The petitioner was earlier granted anticipatory bail and his bail bonds were forfeited. It has been submitted that the petitioner in any case has been behind the bars since last about 01 month

CRM-M-40542-2025 (O&M) ( 2 ) and the trial has not even commenced till date. The petitioner is not involved in any other case.

4.

Notice of motion.

5.

Mr. H.S. Wadhwa, DAG, Punjab, accepts notice on behalf of the respondent-State and has filed custody certificate of the petitioner, which is taken on record.

6.

Learned counsel for the State vehemently opposes the grant of concession of regular bail by stating that the petitioner has undergone custody period of about a period of 01 month and 1 day as on date. Moreover, learned State counsel submitted that the co-accused has been acquitted of all the charges against him. The petitioner is not involved in any other case.

7.

I have heard learned counsel for the parties and have gone through the material placed on record.

8.

Keeping in view the facts and circumstances of the present case, and the fact that the custody period undergone by the petitioner for about a period of 1 month and 1 day and that the petitioner is not involved in any other case and also the fact that the co-accused has been acquitted of all the charges against him, further incarceration of the petitioner would not serve the ends of justice and also conclusion of the trial is likely to take a long time. Therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioner.

9.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is granted concession of regular bail in the present case, on his furnishing requisite bonds to the

CRM-M-40542-2025 (O&M) ( 3 ) satisfaction of the trial Court/Duty Magistrate/ Chief Judicial Magistrate concerned. The pending applications, if any, also stand disposed of. 10.

It is however, made clear that in case during his bail, the petitioner indulges in any offence, the State shall be at liberty to file an application for cancellation of bail of the petitioner. 04.08.2025 ( H. S. Grewal ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No