Amrik Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-20.11.2024 Amrik Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Onkar Rai, Advocate for the petitioner.

Mr. Siddharth Attri, AAG, Punjab.

***** FIR No.

Dated Police Station Section/s 27.3.2024 Nurpur Bedi, District Rupnagar 323, 397, 411, 458 of Indian Penal Code, wherein offences under Sections 379-B, 460 IPC and Sections 25/54/59 of Arms Act were added later on GURVINDER SINGH GILL, J. (Oral) CRM-45712-2024 In view of the reasons mentioned in the application, the same is allowed and the hearing of the main petition is preponed from 4.3.2025 and is taken on board.

CRM-M-53233-2024 (Main Case) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

( 2 ) 2.

The FIR was lodged at the instance of Manoj Kumar Joshi, wherein it is alleged that he is running a confectionary & mobile shop in Noorpurbedi and he has kept a .22 bore licenced revolver for his defence. It is alleged that on 26.3.2024 when he was present at his shop at about 10:30 P.M. and was moving the goods inside the shop, then one person with muffled face came to his shop and went out and later came alongwith another 3-4 persons, who also had their faces muffled and two of them were carrying 'datars'. When the complainant objected to their being in his shop, one of those persons snatched his revolver and another two started hitting him on his head with 'datars' and snatched an amount of Rs.11,500/- from the pocket of his trousers. The complainant, however, managed to save himself by running away from his shop and raised alarm.

It is further alleged that one of the persons also took away an amount of Rs.8,000/- lying in the shop while running away from the spot. The complainant further stated therein that later he came to know that the car used by the said assailants was bearing registration No.PB-32-V-7376 (make K-10) and that the said persons were Sukhveer Singh, Jaskaran Singh @ Jassa, Amrik Singh (petitioner) and Jagdeep Singh @ Babbu.

3.

Learned counsel for the petitioner submitted that although the petitioner is named in the FIR, but no specific role has been attributed to him. It has further been submitted that the petitioner as on date has been behind bars since the last about 7 months and 19 days and since the trial has not even commenced till date, further detention of the petitioner would not be justified. Learned counsel submitted that identically situated co-accused has already

( 3 ) been granted bail by this Court vide order dated 16.9.2024 passed in CRM-M-45099-2024 (Annexure P-2).

4.

Opposing the petition, learned State counsel submitted that since name of the petitioner specifically figures in the FIR, no case for grant of bail is made out. Learned State counsel informed that although challan has been presented, but charges are yet to be framed.

5.

This Court has considered rival submissions addressed before this Court. 6.

Without commenting anything as regards merits of the case, but having regard to the custody of the petitioner i.e. about 7 months and 19 days and also the fact that the trial has not even commenced till date and as many as 15 PWs have been cited and identically situated co-accused has already been granted bail by this Court vide order dated 16.9.2024 passed in CRM-M45099-2024 (Annexure P-2), further detention of the petitioner will not serve any useful purpose.

7.

The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 20.11.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No