Bharat @ Madhur v. State Of Punjab

2023:PHHC:163804

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-63141-2023 Date of Decision: December 20, 2023 BHARAT @ MADHUR ........Petitioner

Versus

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

Present:

Mr. Rituraj Singh, Advocate for the petitioner. Mr. Anmol Singh Sandhu, A.A.G. Punjab.

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

By way of present petition filed under Section 439 CrPC, prayer has been made for grant of regular bail in case FIR No. 146 dated 14.07.2023 registered under Section 379-B IPC and Section 411 of IPC was added later on, registered at Police Station Mukerian, District Hoshiarpur, (Annexure P-1) wherein, the petitioner has been implicated with the allegations of having snatched one mobile from the complainant.

2.

The prayer made herein has been opposed at the instance of learned State counsel while submitting that such kind of incidents are on a rise in the society and thus, the petitioner does not deserve the concession of regular bail.

3.

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

4.

In the present case, the petitioner has already suffered TEJWINDER SINGH 2023.12.21 09:33 I attest to the accuracy and integrity of this document

2023:PHHC:163804 -2CRM-M-63141-2023 incarceration for a period of more than 5 months as of now and the investigation already stands concluded with the filing of challan, followed by framing of charge on 10.10.2023. Moreover, there is no other case of similar nature pending against the petitioner who happens to be a young boy of 23 years of age. Equally important, the petitioner volunteers to compensate the complainant with a non-refundable sum of Rs.20,000/- without prejudice to his rights in trial. Considering the aforesaid, this Court does not find justification to extend incarceration of the petitioner any further.

5.

In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate and deposit of Rs.20,000/- with the trial Court at the time of his release, which shall be released in favour of the complainant upon due verification. 20.12.2023 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.12.21 09:33 I attest to the accuracy and integrity of this document