Allowed
Sahib Singh @ Sahba v. State of Punjab
Punjab & Haryana HCCRM-M/1540/2009
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In the High Court of Punjab & Haryana at Chandigarh
CRM No. M-1540 of 2009 (O&M)
Sahib Singh @ Sahba
..... Petitioner
vs
State of Punjab
..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. DS Pheruman, Advocate, for the petitioner.
Mr. Anter Singh Brar, Senior Deputy Advocate General, Punjab.
Rajesh Bindal J.
The petitioner in the present petition is an accused in FIR No. 147 dated 27.10.2008 under Sections 392 IPC, registered at Police Station Bhikhiwind, District Tarn Taran.
The allegations in the FIR is that one truck bearing registration No. PB02-AF-9564 was taken away by some persons on 24/25.10.2008 at 12.30 midnight. The same was recovered on 14.11.2008 from the possession of the petitioner and other accused along with paddy loaded thereon. After investigation, the challan has been presented and the trial is pending before the learned Judicial Magistrate 1st Class. The petitioner is in custody since 14.11.2008.
The contentions of the learned counsel for the petitioner that the petitioner is in custody for the last more than 10 months and the trial is going to take long time to conclude. Nothing is required to be recovered from the petitioner, he be released on bail pending trial.
On the other hand, learned State counsel submits that it is a case of dacoity where the truck along with paddy valuing in total Rs. 14 lacs was taken away by the petitioner and his co-accused. It was recovered from the possession of the petitioner and his co-accused. The offence being serious, the petitioner does not deserve the concession of bail pending trial.
After hearing learned counsel for the parties, without expressing any opinion on the merits of the controversy, and considering the fact that the petitioner is in custody for the last more than 10 months, and trial is going to take some time, it is directed that the petitioner shall be released on bail pending trial on his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Tarn Taran.
The petition is disposed of.
( Rajesh Bindal) Judge
12.8.2009 vs.
2 issues framed by the court
Whether the petitioner in custody for over 10 months in a dacoity-related charge should be granted bail pending trial.
Whether the serious nature of the offence and recovery of stolen property preclude bail concession.
Sahib Singh @ Sahba
State of Punjab
Rajesh Bindal
As recorded by the court registry
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