Manjinder Singh @ Mindi v. State Of Punjab

CRM-M-60603-2022 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-60603-2022 Decided on:-09.01.2023 Manjinder Singh @ Mindi ....Petitioner..

vs.

State of Punjab ....Respondent.

CORAM:

HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. J.S. Jaidka, Advocate, for the petitioner.

Mr. Amit Shukla, AAG, Punjab.

***** HARKESH MANUJA J. (Oral) Present petition has been filed under Section 439 Cr.P.C. seeking bail pending trial in case FIR No.163 dated 20.10.2021, under Sections 392, 411, 473, 120-B and 34 IPC (Section 25 of the Arms Act was added later on and Section 379-B IPC deleted later on), registered at Police Station PAU, District Ludhiana.

While claiming parity, learned counsel for the petitioner relies upon common order dated 01.12.2022 passed by this Court in CRM-M29575-2022, CRM-M-34075-2022 and CRM-M-35076-2022, granting concession of regular bail to three co-accused of the petitioner with similar allegations. He also submits that the petitioner is behind the bars since 19.11.2021 and there is no other case of the similar nature pending against him. Moreover, the investigation has already been concluded, challan filed and even charges have been framed, however, out of total 17 witnesses, only SONIKA 2023.01.10 17:28 I attest to the accuracy and authenticity of this document

CRM-M-60603-2022 --2-- 6 have been examined and as such, trial is likely to take some time. On the other hand, learned State counsel opposes the prayer made in the present petition stating that the offence committed by the petitioner in fact affects society at large. Moreover, recovery has already been effected from the petitioner in the shape of one motorcycle and fake number plates of the vehicles. Thus, he does not deserve the concession of regular bail.

Heard learned counsel for the parties and perused the paper book.

Admittedly, the petitioner is in custody since 19.11.2021 i.e. more than one year; the investigation has already been concluded, challan filed and out of the total 17 witnesses, 06 have been examined so far, as such, the trial is likely to take long time. Thus, no useful purpose would be served by keeping the petitioner behind the bars, besides it, three co-accused have already been granted the concession of regular bail by this Court in CRM-M-29575-2022, CRM-M-34075-2022 and CRM-M-35076-2022 vide order dated 01.12.2022.

In view of the above, without expressing any opinion on the mertis of the case, the present petition is allowed. Petitioner, namely, Manjinder Singh @ Mindi is ordered to be released on bail, subject to his furnishing bail bonds and surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate.

09.01.2023 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/ No SONIKA 2023.01.10 17:28 I attest to the accuracy and authenticity of this document