Oral order allowing preponement of bail hearing. Petition for regular bail permitted due to complete investigation and COVID-19 impact on trials.
Petition allowed; petitioner directed to be released on regular bail on execution of bond; hearing preponed.
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PANKAJ KUMAR -1- 2020.07.22 14:46 I attest to the accuracy and integrity of this document
CRM-M No.4593 of 2020 (O&M)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.4593 of 2020 (O&M)
Date of Decision.22.07.2020 (Heard through VC)
Sarabjit Singh @ Sarba
...Petitioner
Vs
State of Punjab
...Respondent
CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Amrinder Pratap Singh, Advocate for the petitioner.
Mr. Jagmohan Ghumman, DAG, Punjab.
-.-
JAISHREE THAKUR J. (ORAL)
CRM No.16064 of 2020
Prayer in the application is for preponment of the bail application, which is now listed for 04.09.2020.
With the consent of both the parties, the application is allowed and hearing of the main petition is preponed for today itself.
CRM-M No.4593 of 2020
This is a petition that has been filed for grant of regular bail in case FIR No.43 dated 17.05.2018 under Sections 307, 452 IPC and Sections 25/54/59 of Indian Arms Act, 1959 registered at Police Station Mehna, District Moga.
Counsel for the petitioner herein would contend that the petitioner has falsely been implicated in the instant case and he is in custody since 28.05.2018. The investigation is complete and the challan has already been presented. Moreover, the complainant has also been examined. The trial is likely to take some time, therefore, no useful purpose would be
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CRM-M No.4593 of 2020 (O&M)
served by keeping the petitioner behind the bars.
Learned counsel appearing for the respondent-State, on instructions from ASI Naib Singh, opposes the regular bail while contending that no ground is made out for granting concession of regular bail. However, he does not dispute the factum of examination of the complainant.
I have heard learned counsel for the parties.
Keeping in view the fact that the investigation is complete and the challan has already been presented, coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.
| (J |
AISHREE THAKUR) JUDGE |
|
|---|---|---|
| July 22, 2020 | ||
| Pankaj* | ||
| Whether speaking/reasoned | Yes/No | |
| Whether reportable | Yes/No |
Sarabjit Singh
State of Punjab
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
