Manga Singh v. State Of Punjab

2023:PHHC:142488

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-51471-2023 Date of decision : 08.11.2023 MANGA SINGH ....Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Jagdip S. Bhatta, Advocate for the petitioner. Mr. Jaswinder S. Arora, DAG, Punjab.

PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.59 dated 16.06.2018 registered for the offence punishable under Section 379-B (Section 120-B IPC added later on) at Police Station City Fazilka, District Fazilka. 2.

The petitioner was initially arrested on 22nd of October, 2018 having been booked in the aforesaid FIR and was ordered to be admitted to bail on 8th of April, 2019 by this Court in CRM-M No.14705 of 2019. However, having absented himself on 18th of November, 2022 the petitioner invited order rejecting his bail which further led to him having been declared as proclaimed offender on 18th of January, 2023. He claims to have surrendered back on 14th of February, 2023. Since then he is in custody. Though the petitioner cannot run away from the fact that his conduct after having been admitted to bail by this Court indeed has to be taken seriously but at the same time this Court cannot loose sight of the fact Deepak Kumar 2023.11.08 15:58 I attest to the accuracy and integrity of this document

CRM-M-51471-2023 -22023:PHHC:142488 that by now the petitioner is behind bars for more than 9 months and has learnt his lesson.

3.

State Counsel does not dispute the aforesaid factual assertions made by counsel for the petitioner which are based on record. 4.

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

5.

In view of above, without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

6.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. November 08, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2023.11.08 15:58 I attest to the accuracy and integrity of this document