High Court of Punjab and HaryanaCRM-M/47655/2019allowed

Sourav @ Tumi v. State Of Punjab

2020-01-21Mr. Justice Jasgurpreet Singh Puri2 pages

CRM-M-47655-2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-47655-2019 (O&M).

Decided on: January 21, 2020.

Sourav @ Tumi .. Petitioner

VERSUS

State of Punjab .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Angraze Singh Dhindsa, Advocate, for the petitioner.

Mr.M.S.Nagra, AAG, Punjab.

JASGURPREET SINGH PURI , J. (ORAL ) Through the present petition filed under Section 439 Cr.P.C., the petitioner prays for the grant of regular bail in case FIR No.46 dated 19.06.2018, under Section 379-B and 34 of the Indian Penal Code, (Sections 411, 489, 201 and 120-B IPC and Section 25 of the Arms Act added later on) registered at Police Station, G.R.P.P. District Patiala. Learned counsel for the petitioner submits that false case has been registered against the petitioner who is undergoing some technical course. He further states that the petitioner is already in custody since 12.03.2019 and the investigation in the case is complete. On the other hand, learned State counsel has opposed the RAJ KUMAR ARORA 2020.01.22 10:12 I attest to the accuracy and integrity of this document

CRM-M-47655-2019 (O&M) grant of regular bail to the petitioner stating that the petitioner was also involved in another FIR No.8 dated 19.04.2018, however, on instructions of ASI Jarnail Singh, states that in this case the challan has already been presented.

In response, learned counsel for the petitioner has argued that the other case pertains only to theft of one wheat bag which was also planted upon the petitioner in an unlawful manner. This Court has heard the learned counsel for the petitioner as well as learned State counsel and has perused the record. Considering the totality of the circumstances and the fact that the investigation in the case is complete and challan already stands presented coupled with the fact that the petitioner is in custody since 13.03.2019 i.e. for the last more than 10 months, this Court deems it fit to admit the petitioner on regular bail. Consequently, the present petition is allowed. It is ordered that the petitioner shall be released on regular bail on his furnishing bail bond/surety bond to the satisfaction of the learned trial Court.

However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant for the purpose of deciding the present petition only. January 21, 2020.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2020.01.22 10:12 I attest to the accuracy and integrity of this document