Chamkaur Khan v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 223-A CRM-M-53844-2021 (O&M) Date of Decision: 18.04.2022 CHAMKAUR KHAN




















STATE OF PUNJAB 
 



   

    
  




  Mr. Harbir Sandhu, AAG Punjab.

    

  












  
 
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Per contra, while opposing the prayer for grant of regular bail to the petitioner, learned State counsel does not dispute the custody period of the petitioner. He, however, submits that, on the disclosure statement of the petitioner, recovery of two motorcycles was effected AMAN JAIN 2022.04.19 17:53 I attest to the accuracy and authenticity of this document

223-A CRM-M-53844-2021 (O&M) -2from him. He further submits that the petitioner is a habitual offender, inasmuch as, there are other FIRs registered against him; that post presentation of the challan, the charges are yet to be framed and that there are total 26 prosecution witnesses.

While controverting the aforesaid submission made by the learned State counsel, learned counsel for the petitioner submits that in other FIRs, the petitioner has been indicted, after his arrest in the present FIR.

I have heard the learned counsel for the parties. The petitioner has been in custody since 05.08.2021. Coaccused have already been enlarged on bail by the learned Sessions Judge. Challan has only been presented under Sections 411 and 473 IPC. Charges are yet to be framed and prosecution evidence is yet to commence. The petitioner has been indicted in other FIRs, after his arrest in the present FIR. In such circumstances, the trial of the case would take a long time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars. In view of the above and without commenting anything on the merits of the case, lest it should prejudice the case of both the sides, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.  



   

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    AMAN JAIN 2022.04.19 17:53 I attest to the accuracy and authenticity of this document