Mandeep Singh @ Rinku v. State Of Punjab

N.C. No.2023:PHHC:109697

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 209/2 CRM-M-52855-2022 (O&M) Date of decision: 22.08.2023 Mandeep Singh @ Rinku ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Vikas Gupta, Advocate for the petitioner. ***** RAJBIR SEHRAWAT. J. (Oral) 1.

The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.188 dated 13.04.2022 registered under Sections 307 and 379-B of the Indian Penal Code, 1860 (for short 'IPC') and Section 25 of the Arms Act, 1959 (Sections 379-B (2), 364, 397, 201, 467, 468, 471, 474, 482 IPC added later on) at Police Station Sohana, District SAS Nagar.

2.

It is submitted by learned counsel for the petitioner that the case against the petitioner is concocted. The petitioner is not involved in any other crime as alleged against him. The name of the petitioner was mentioned in the secret information. Otherwise, even during the investigation, the police have not collected any material to show the involvement of the petitioner in the crime. The petitioner is in custody since 24.04.2022. The investigation of the case is already over. The petitioner is not required for any investigation purposes. Hence, the petitioner deserves to be released on bail pending trial. 3.

Notice of motion.

4.

Mr. Jaspal Singh Guru, AAG Punjab accepts notice on behalf of respondent-State. Learned State counsel, on instructions from SI Gurtap Singh, SANDAL SHARMA 2023.08.23 14:45 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:109697 CRM-M-52855-2022 (O&M) -2submits that the petitioner is directly involved in the case and his name was mentioned in the secret information. However, it is not disputed by learned State counsel that the nothing has been recovered from the petitioner. It is also not disputed that the petitioner is in custody since 24.04.2022. 5.

In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned. (RAJBIR SEHRAWAT) JUDGE 22.08.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SANDAL SHARMA 2023.08.23 14:45 I attest to the accuracy and authenticity of this order/judgment