Sukhwinder Singh @ Raghri v. State Of Punjab

2023:PHHC:142998

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-54849-2023 (O&M) Date of Decision : November 08, 2023 SUKHWINDER SINGH @ RAGHRI -Petitioner V/S STATE OF PUNJAB -Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Abhishek Kumar, Advocate for the petitioner.

Mr. Karunesh Kaushal, A.A.G, Punjab.

*** KULDEEP TIWARI, J. (ORAL) CRM-45949-2023 1.

As prayed for, the application is allowed.

CRM-M-54849-2023 2.

Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.75 dated 29.06.2023, under Section(s) 379-B and 411 of the IPC, registered at P.S. Khilchian, District Amritsar.

3.

The allegations, as levelled in the present FIR, are that, on 29.06.2023, when the complainant, while going towards Rayya, stopped on the way at Village Nijjar Langal to drink water, two persons came there on a motorcycle, snatched his mobile and ran away. 4.

The learned counsel for the petitioner submits that the petitioner was not involved in the above snatching. The only role attributed to the petitioner is that the motorcycle, which was used in the commission of snatching, belonged to him, besides the recovery of the snatched mobile was DEVINDER YADAV 2023.11.09 17:57 I attest to the accuracy and authenticity of this order/judgment

CRM-M-54849-2023 (O&M) 2023:PHHC:142998 effected from him.

4.

The learned State counsel has placed on record the custody certificate of the petitioner, as issued by the Superintendent of Central Jail, Amritsar. A perusal of the custody certificate (supra) reveals that the petitioner has undergone incarceration of approx. 3 months. It further reveals that the petitioner is not involved in any other criminal case. 5.

Moreover, the learned State counsel does not contest the above made submissions of the learned counsel for the petitioner. Also, on instruction imparted to him by A.S.I. Sarwan Singh, the learned State counsel has intimated this Court that though the Final Report under Section 173 Cr.P.C. has been presented before the Illaqa Magistrate/trial Court concerned, however, there is no further progress in the trial.

6.

Considering the hereinabove made submissions, especially the fact that the petitioner is not involved in any other criminal case, and, that the trial is moving at a snail's pace and is not likely to conclude anytime soon, this Court deems it appropriate to grant the concession of regular bail to the petitioner. Therefore, without commenting upon the merits and circumstances of the present case, the present petition is allowed. The petitioner is ordered to be released on bail on furnishing of bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/trial Court/Duty Magistrate. 7.

However, anything observed here-in-above shall have no effect on the merits of the case and is meant for deciding the present petition only. (KULDEEP TIWARI) November 08, 2023 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2023.11.09 17:57 I attest to the accuracy and authenticity of this order/judgment