Bablu Mahathur Alias Maggu v. State Of Punjab

CRM-M-47588 of 2023 2023:PHHC:130993

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-47588 of 2023 DATE OF DECISION :- 09.10.2023 Bablu Mahathur @ Maggu

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present:- Mr. Ravi Malhotra, Advocate for the petitioner. Mr. Amit Shukla, AAG, Punjab.

*** PANKAJ JAIN, J. (Oral) Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No. 102 dated 2.5.2023, registered for the offences punishable under Sections 379-B (2), 34 IPC, at Police Station Division Habowal, District Police Commissionerate Ludhiana.

2.

Learned counsel for the petitioner submits that it is a case wherein the complainant in the initial part of the FIR levelled allegations against unknown, however, later on has named the present petitioner to be one of those unidentified persons. Even though he has not disclosed as to how he came to know the name and complete address of the petitioner. Thus there cannot be any apprehension that the petitioner shall tamper with any evidence; the custody of the petitioner cannot be prolonged as a punitive measure.

PARVINDER SINGH 2023.10.10 15:07 I attest to the accuracy and integrity of this document chandigarh

CRM-M-47588 of 2023 2023:PHHC:130993 3.

The prayer made by learned counsel for the petitioner is being opposed by the State counsel and submits that apart from the allegations levelled in the F.I.R the petitioner is a habitual offender having earned conviction for offence punishable under Section 411 IPC earlier in time as well.

4.

Faced with such situation, learned counsel for the petitioner submits that the said conviction already stands served. The petitioner was convicted for 24 days. Apart from that he relies upon Faced with this situation counsel for the petitioner relies upon Prabhakar Tewari Vs. State of UP and Anr., 2020 (1) RCR (Criminal) 831 to submit that the involvement of the petitioner in those FIR cannot be a ground to deny bail. 5.

I have heard learned counsel for the parties and have gone through the records of the case.

6.

Keeping in view the incarceration suffered by the petitioner and the fact that conviction already stands served, petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned. 7.

Needless to say that anything observed herein shall not be construed to be an opinion on the merits of the case. (PANKAJ JAIN) JUDGE 09.10.2023 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2023.10.10 15:07 I attest to the accuracy and integrity of this document chandigarh