High Court of Punjab and HaryanaCRM-M/44972/2019allowed

Vikas @ Saurab And Another v. State Of Punjab

2020-02-06Ms. Justice Jaishree Thakur2 pages

CRM-M No.44972 of 2019 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.44972 of 2019 (O&M) Date of Decision.06.02.2020 Vikas @Saurab and another

...Petitioners

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Manbir Singh Basra, Advocate for the petitioners.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) 1.

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.32 dated 11.05.2019 under Sections 458, 354, 323, 324, 326, 380, 411, 148, 149 IPC registered at Police Station Bhaini Mian Khan, District Gurdaspur, Punjab. 2.

Learned counsel for the petitioners herein would contend that a reading of the FIR does not reflect names of petitioners. Their names came to the fore in disclosure statement of co-accused Ranjit Singh. It is also submitted that there is no such allegation that the petitioners herein had given any kirpan blow or baseball bat blow/datar blow to Gagandeep and main allegations are against one Ranjit Singh. Since the investigation is complete, petitioners ought to be released on regular bail. 3.

Learned counsel for the respondent-State admits that charges have been framed and statement of three witnesses have been recorded, while contending that 15 more witnesses have to be examined. 4.

I have heard learned counsel for the parties. PANKAJ KUMAR 2020.02.07 17:05 I attest to the accuracy and integrity of this document

CRM-M No.44972 of 2019 -25.

Since petitioners herein have not been named in the FIR and no role of having caused any grievous injury or having stolen the mobile phone has been attributed to them and custodial interrogation of petitioners is no more required, as charges have already been framed, no useful purpose would be served in keeping the petitioners behind the bars. The instant petition is allowed and the petitioners are directed to be released on regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein is not to affect the merit of the case. (JAISHREE THAKUR) JUDGE February 06, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.02.07 17:05 I attest to the accuracy and integrity of this document