Gagandeep Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-51780-2021 (O&M) Date of Decision:-22.4.2022 Gagandeep Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vivek Salathia, Advocate for the petitioner. Mr. Luvinder Sofat, AAG, Punjab, assisted by ASI Harjinder Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.0096 dated 28.4.2020, Police Station Jandiala Guru, District Amritsar, under Sections 379-B and 34 of Indian Penal Code.

2.

The FIR in question was lodged at the instance of Gurjit Singh, wherein it is allleged that four persons had snatched his motorcycle, an amount of Rs.25,000/- and 2 of his mobile phones.

3.

Learned counsel for the petitioner submitted that the petitioner is not named in the FIR and came to be nominated as an accused on the basis of disclosure PANKAJ KAKKAR 2022.04.22 17:50 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-51780-2021 (O&M) statement made by a co-accused, which would not have any evidentiary value in the absence of any other convincing evidence. 4.

Opposing the petition, learned State counsel has submitted that since the petitioner came to be nominated specifically by a co-accused, his complicity is clearly evident. It has, however, been not disputed that nothing was recovered from the petitioner and that the petitioner otherwise has a clean record. It has also been informed that the petitioner has been behind bars since the last about 7 months.

5.

I have considered rival submissions addressed before this Court. 6.

Without expressing anything as regards merits of the case but while noticing that the petitioner has been behind bars for a substantial period of about 7 months and while noticing that the petitioner is not involved in any other case, no useful purpose would be served by further detaining the petitioner behind bars. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

22.4.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.04.22 17:50 I attest to the accuracy and authenticity of this document