High Court of Punjab and HaryanaCRM-M/54198/2023allowed

Sikander Singh v. State Of Punjab

2023-12-20Mr. Justice Pankaj Jain5 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 20.12.2023 SIKANDER SINGH ....Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Rajesh Bhatheja, Advocate for the petitioner. Mr. Luvinder Sofat, 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.167 dated 30.07.2023 registered for the offences punishable under Sections 307, 325, 323, 341, 427, 148, 149 of the Indian Penal Code, at Police Station City Moga, District Moga.

Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

Reliance is being placed upon order dated 13.10.2023 passed in CRM-M No.51075 of 2023 whereby co-accused(s) Amritpal Singh @ Pala and another have been granted bail observing as under :

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Counsel for the petitioner further submits that the petitioner is behind bars for more than 4 months and 19 days. The investigation already stands concluded and Challan stands presented. Thus, there can't be any apprehension that the petitioner shall tamper with the evidence. 5.

State Counsel is not in posititon to dispute the factual assertions made by counsel for the petitioner based on record. 6.

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

Without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner and the fact that the investigation already stands concluded and Challan stands presented, granting parity viz-a-viz Amritpal Singh @ Pala, 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.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. December 20, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No