This is a bail petition under Section 439 Cr.P.C. allowing the petitioner to be released on bail pending trial in a case involving robbery and arms offences.
Petitioner Jand Singh is ordered to be released on bail pending trial upon furnishing adequate bail and surety bonds.
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.
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CRM-M-867-2019
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M-867-2019
Date of Decision: 08.05.2019
Jand Singh
.... Petitioner
Versus
State of Punjab
.... Respondent
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: - Mr. Tarun Sharma, Advocate for the petitioner.
Ms. Sudeepti Sharma, Addl. AG, Punjab.
RAMENDRA JAIN, J. (ORAL)
Through this petition under Section 439 Cr.P.C., petitionerJand Singh, has prayed for grant of regular bail in case FIR No. 109 dated 31.08.2018 registered under Sections 379-B, 148 and 149 and Sections 25 and 27 of the Arms Act at Police Station Ghall Khurd, District Ferozepur.
According to the prosecution, in the night of 30.08.2018, three persons in Innova Car, robbed complainant-Harbhajan Lal and his wife for activa scooter bearing registration No. PB-05-X-5188 and earrings of his wife, near the head of twin canals and Meritorious School, on the way to his village Talwandi Bhai. The petitioner was sitting in the Innova Car with rifle, at the time of commission of alleged crime.
Learned counsel inter alia contends that name of the petitioner surfaced in the supplementary statement of complainant. He has falsely been implicated. No role has been attributed to him. He
RISHU KATARIA 2019.05.09 11:39 I attest to the accuracy and integrity of this document
CRM-M-867-2019 -2-
was only sitting in the Innova Car which was used in commission of crime. The main accused is Dharam Singh, who robbed the complainant and his wife. Petitioner is in custody since 29.09.2018. Conclusion of trial may take long time. No useful purpose would be served by detaining him in jail. Nothing has to be recovered from him. Co-accused of the petitioner, namely; Harpreet Singh @ Vickey, had already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 27.03.2019, passed in CRM-M-48729-2018. Thus, treating the case of the petitioner on the same parity as that of his co-accused, he may also be released on regular bail.
On the other hand, learned State counsel vehemently opposed the submissions of learned counsel for the petitioner.
Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner-Jand Singh, is ordered to be released on bail pending trial, on his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned.
May 08, 2019 (RAMENDRA JAIN) rishu JUDGE
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RISHU KATARIA 2019.05.09 11:39 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether petitioner is to be released on regular bail in a robbery and arms offence case.
1 provisions across 1 enactments
Jand Singh
State of Punjab
RAMENDRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
