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High Court of Punjab and HaryanaCRM-M/62774/2023allowed

Manish Arora v. State Of Punjab

2023-12-19Mr. Justice Harkesh Manuja2 pages

2023:PHHC:162964

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-62774-2023 Date of Decision: December 19, 2023 MANISH ARORA ........Petitioner

Versus

STATE OF PUNJAB ........Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Vishal Aggarwal, Advocate for the petitioner. Mr. Gurlal Singh Dhillon, AAG, Punjab.

**** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition filed under Section 439 Cr.P.C., prayer has been made for grant of regular bail to the petitioner in case bearing FIR No.48 dated 01.05.2023 registered under Sections 323, 379-B IPC and Sections 506, 411, 489, 201 IPC (added later on) at Police Station Sadar Patiala, District Patiala. 2.

Learned counsel for the petitioner submits that the petitioner has been implicated with the allegation of having snatched Rs.2,500/- from the pocket of complainant after having extended threats to him besides inflicting injuries as well.

3.

Opposing the prayer made in the present petition, learned State counsel submits that petitioner is a habitual offender and is involved in one other similar FIR as well wherein he is also facing trial. 4.

I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made by learned counsel for the petitioner.

TEJWINDER SINGH 2023.12.19 18:23 I attest to the accuracy and integrity of this document

2023:PHHC:162964 CRM-M-62774-2023 -25.

In the present case, the petitioner has already suffered incarceration for a period more than 6 months and investigation already stands concluded with the filing of challan and after framing of charges, the complainant already stands examined. Besides, even the petitioner volunteers to even compensate the complainant to an extent of Rs.10,000/-.

6.

Considering the fact that the petitioner has already suffered incarceration for a period of more than 6 months and the complainant has been examined, I do not find any justification to extend the incarceration of the petitioner.

7.

Accordingly, without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds and surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate and deposit of Rs.10,000/- with the Trial Court at the time of his release, which shall be released in favour of the complainant upon due verification.

19.12.2023 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.12.19 18:23 I attest to the accuracy and integrity of this document