High Court of Punjab and HaryanaCRM-M/51714/2019allowed

Pardeep @ Deep @ Bholu v. State Of Punjab

2019-12-12Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.51714 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.51714 of 2019 (O&M) Decided on: 12.12.2019 Pardeep @ Deep @ Bholu ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Saurav Bhatia, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.46 dated 17.03.2015, registered under Sections 399 and 402 of the of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Division No.1, District Jalandhar. Counsel for the petitioner relies upon the order dated 29.11.2019 passed in CRM-M No.50142 of 2019 vide which the similarly situated co-accused namely Lovepreet Singh @ Lovely, who was also declared as proclaimed offender like the petitioner, was granted the concession of regular bail noticing the fact that the other coaccused, who faced the trial were acquitted by the Additional Sessions Judge, Jalandhar vide judgment dated 29.08.2018. Counsel for the State, on the basis of the Custody Certificate filed in the Court today, has not disputed the fact that the petitioner is in custody for the last 04 months and 04 days. MOHD YAKUB 2019.12.12 15:58 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.51714 of 2019 (O&M) Without commenting anything on merits of the case, considering the fact that the petitioner is in custody for the last 04 months and 04 days; the co-accused of the petitioner has already been granted the concession of bail; the custodial interrogation of the petitioner is no more required and it will take some time in conclusion of the trial, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate. However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) 12.12.2019 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.12.12 15:58 I attest to the accuracy and authenticity of this document High Court, Chandigarh