Allowed a bail petition seeking release of the petitioner in a criminal case for snatch and assault. The court noted investigations were complete and the challan filed, finding continued custody served no useful purpose.
Petitioner directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate Ludhiana.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.Misc. No.M 22428 of 2010 #1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH .
Crl.Misc. No.M 22428 of 2010
Date of Decision:-27.08.2010
. Hari Singh Sahni @ Hari Ram Sahni
......Petitioner .
Versus
. State of Punjab
. ...... Respondent
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH .
Present:Mr. C.M. Munjal, Advocate for the Petitioner.
Mr. Gaurav Garg Dhuriwala, AAG Punjab.
JASWANT SINGH, J(ORAL)
Prayer is for grant of regular bail under section 439 Cr.PC to the petitioner Hari Singh Sahni @ Hari Ram Sahni in case bearing FIR No.183 dated 3.8.2008 under sections 379, 323 and 341 of the Indian Penal Code registered with police station Haibowal, Ludhiana.
The allegations against the petitioner is that he along with his 7/8 co-accused had waylaid the complainant Sabinder Singh in front of his shop and forcibly took out Rs.2200/- from his pocket by hitting him and giving fist blows. Learned counsel submits that petitioner is the president of Punjab Nirman Mazdur Union and,
Crl.Misc. No.M 22428 of 2010 #2#
therefore, has been falsely implicated. He further submits that even declaration of the petitioner as proclaimed offender was malafidely got done by the police without ever putting him to notice of the proceedings or the present FIR with a view to teach him a lesson for espousing the cause of downtrodden. Learned counsel for the petitioner further submits that the petitioner is in custody since 3.6.2010.
Learned State counsel on instructions from HC Harjinder Singh has stated that the challan in the present case has been filed against the petitioner only and rest of the co-accused have been put under column no.2.
In view of the fact that investigations are over and the challan has been presented, no useful purpose would be served by keeping him in custody as such the the present petition is allowed and petitioner is directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate Ludhiana.
( JASWANT SINGH ) JUDGE
27th August, 2010 Vinay
2 issues framed by the court
Whether there is sufficient cause to withhold bail from the petitioner in a case where investigations are over and only the challan has been filed.
Whether the declaration of the petitioner as a proclaimed offender was done in mala fide with ulterior motive.
2 provisions across 2 enactments
Hari Singh Sahni @ Hari Ram Sahni
State of Punjab
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
