Sukhchain Singh v. State Of Punjab

2024:PHHC:002511

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-65356-2023 Date of Decision: January 10, 2024 SUKHCHAIN SINGH ........Petitioner

Versus

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

Present:

Mr. Amit Kumar Walia, Advocate for the petitioner. Mr. Gurlal Singh Dhillon, AAG, 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. 17 dated 08.04.2021 registered under Sections 379-B/34 of IPC at Police Station City Raikot, District Ludhiana Rural (Annexure P-1) wherein, the petitioner has been implicated on the basis of disclosure statement made by co-accused Guramrit Singh with the allegation of having snatched a car from the complainant.

2.

The prayer made herein has been opposed at the instance of learned State counsel while submitting that the petitioner was involved in four other cases including those under the provisions of NDPS Act.

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.

A perusal of the record shows that the petitioner was TEJWINDER SINGH 2024.01.10 17:48 I attest to the accuracy and integrity of this document

CRM-M-65356-2023 2024:PHHC:002511 -2implicated in the present case on the basis of disclosure statement made by co-accused Guramrit Singh and two other similarly situated co-accused namely Parwinder Singh and Gurmanjot Singh have already been granted concession of regular bail by this Court vide Annexures P-3 and P-4 respectively. Moreover, the investigation already stands concluded with the filing of challan whereas, the charges are yet to be framed, though, the petitioner is in custody for the past 34 months by now. Thus, looking into the pace of the trial which is likely to take some time, this Court does not find justification to extend his incarceration any further.

6.

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. 10.01.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2024.01.10 17:48 I attest to the accuracy and integrity of this document