High Court of Punjab and HaryanaCRM-M/43940/2019allowed

Yogesh Kumar @ Yogi v. State Of Punjab

2019-10-23Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-43940 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43940-2019 Date of Decision : October 23, 2019 Yogesh Kumar @ Yogi ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Amandep Chhabra, Advocate for the petitioner.

Mr. J.S. Ghumman, Sr. DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) This is the first petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.64 dated 13.4.2019 under Sections 341, 324, 148, 149 IPC (Section 326 added later on), registered at Police Station City Kotkapura, Distrct Faridkot.

Counsel for the petitioner relies upon the orders dated 8.8.2019 passed in CRM-M-29313-2019 and CRM-M-26769-2019 vide which the co-accused of the petitioner were granted the concession of regular bail. Counsel for the petitioner further submits that though the petitioner is attributed the injury under Section 326 IPC, yet there is a delay in registration of the FIR. He further submits that the petitioner is in custody for the last two months and challan stands presented.

Learned State counsel, on instructions from the ASI Balkaran Singh has not disputed the factual position. SATISH KUMAR 2019.10.23 17:10 I attest to the accuracy and integrity of this document

CRM-M-43940 of 2019 -2Without commenting anything on the merits of the case, considering the aforementioned submissions made by the counsel for the petitioner, this petition is allowed and the petitioner is directed to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate, concerned. However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner.

( ARVIND SINGH SANGWAN ) JUDGE October 23, 2019 satish Whether speaking/reasoned : YES / NO Whether reportable :

YES / NO SATISH KUMAR 2019.10.23 17:10 I attest to the accuracy and integrity of this document