Harwinder Singh @ Kali v. State Of Punjab

230 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49420-2023 Date of Decision: November 28, 2023 Harwinder Singh @ Kali

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Amit Kaushik, Advocate for the petitioner. Mr. Parneet Singh Pandher, AAG, Punjab.

DEEPAK GUPTA , J.(Oral) Status report by way of affidavit of Shri Satvinder Singh Virk, Deputy Superintendent of Police, Jagraon, District Ludhiana, on behalf of respondent-State, along with custody certificate has been filed. 2.

By way of present petition filed under Section 439 Cr.P.C., prayer is made for grant of regular bail in case FIR No.0138 dated 28.07.2023, under Sections 399, 402 IPC, besides Section 25 of the Arms Act, 1959, registered at Police Station Sadar Jagraon, District Ludhiana. 3.

Allegations are that petitioner along with co-accused, armed with deadly weapons, were found to be planing committing of dacoity from the persons coming from Ferozepur to Ludhiana. In the raid conducted by the police on the basis of secret information, they were apprehended. From the possession of the petitioner, one dah and motorcycle were recovered.

4.

It is contended by learned counsel for the petitioner that the petitioner has been falsely implicated. Regarding the recovery of motorcycle, separate FIR No.142 dated 28.07.2023, under Sections 379 and 411 of IPC, was registered at Police Station Sadar Jagraon, in which he has already been allowed bail.

SARITA RANI 2023.11.27 16:18 I attest to the accuracy and integrity of this document/order

CRM-M-49420-2023 - 2 - 5.

Learned State counsel does not dispute the contention that petitioner has no other criminal case registered against him apart from the present case and FIR registered under Sections 379 and 411 of IPC, as referred above.

6.

Petitioner is in custody for the last 03 months and 25 days, as per custody certificate placed on record. The trial may take time to conclude.

7.

Having regard to the aforesaid fact and circumstances and also the fact that the trial may take time to conclude, but without commenting anything on the merits of the case, petitioner is admitted to bail. He is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned.

Allowed.

November 28, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.11.27 16:18 I attest to the accuracy and integrity of this document/order