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High Court of Punjab and HaryanaCRM-M/45388/2023allowed

Satnam Singh @ Satta v. State Of Punjab

2024-04-10Mr. Justice Sanjiv Berry3 pages

-1- 2024:PHHC:049613

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH 218/2 Date of Decision:- 10.04.2024    ....Petitioner(s)

Versus

 



...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. K.S. Derabassi, Advocate for the petitioner. Mr. Japjot Singh, AAG Punjab.

***** SANJIV BERRY, J. (ORAL) 1.

The instant petition has been preferred by the petitioner under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in the following case:- FIR No.

Dated Sections Police Station 19.06.2022 458, 380, 506, 323, 34, 411, 201, 394, 379-B, 342 IPC Derabassi, District SAS Nagar Mohali no. 2), Mo 2.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. He submits that petitioner is in custody since 20.02.2023 and from his possession one motorcycle owned by him allegedly used in the commission of crime has been effected, however, no stolen property has been recovered from him. He submits that challan has already been presented in Court and

-2- 2024:PHHC:049613 out of 16 witnesses cited by the prosecution, none has been examined till date. He submits that the conclusion of trial will take sufficient long time and thus prays for grant of regular bail to the petitioner. 3.

Learned State counsel on instructions from ASI Gaurav Sharma has admitted the factual matrix, however, has prayed for dismissal of the bail petition considering the nature and gravity of offence. 4.

Heard.

5.

After considering the respective submissions and perusing the record, it transpires that the instant case was registered against the petitioner and co-accused on the allegations that they have committed theft in the house of the complainant after giving him beatings and had stolen the articles belonging to him. Admittedly, the petitioner was arrested on 20.02.2023 and from his possession, one motorcycle belonging to him was recovered. After the completion of investigation, challan has been presented in Court. The prosecution has cited 16 witnesses but none has been examined till date. The conclusion of trial to ascertain the criminal liability, if any, of the petitioner, will take sufficient long time and no purpose would be served by detaining the petitioner in custody any longer. 6.

In these circumstances, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned, if not required in any other case; undertaking to regularly appear on each and every date; not to leave the country without prior permission of the Court;

-3- 2024:PHHC:049613 and not to tamper with evidence of prosecution in any manner. 7.

Any observation made above shall not be construed as opinion of this Court on the merits of the case.

8.

Pending miscellaneous application(s), if any, stand disposed of. (SANJIV BERRY) JUDGE 10.04.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No