The High Court, Chd allowed the second bail petition of Daler Singh accused of snatching. Granting bail without expressing opinion on merits.
Petitioner ordered to be released on bail during pendency of trial upon furnishing bail and surety bonds to satisfaction of Trial Court/Duty Magistrate.
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-8767 of 2020
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-8767 of 2020 Date of Decision: 13.08.2020
Daler Singh
...Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present:Mr. B.S. Bhalla, Advocate, for the petitioner. Mr. Bhupender Beniwal, AAG, Punjab.
RAMENDRA JAIN, J. (ORAL)
Case has been taken up for hearing through video-conferencing due to Covid-19 pandemic.
Through instant second petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to petitioner – Daler Singh – in case arising from FIR No.344 dated 23.09.2018 registered under Sections 379-B, 34 IPC at Police Station Civil Lines, Amritsar.
Petitioner is facing trial in the aforesaid FIR on the allegations that he snatched the purse of wife of the complainant, namely, Harveen Kaur, containing `1,000/-, certain documents and fled away from the spot.
Learned counsel for the petitioner inter alia contends that petitioner was granted regular bail by the trial Court vide order dated 01.07.2019. However, the same was cancelled by this Court vide order dated 19.09.2019 on the ground of mis-representation as petitioner failed to
RAVINDER SINGH 2020.08.13 15:34 I attest to the accuracy and integrity of this document
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CRM-M-8767 of 2020
disclose the fact of pendency of his regular bail application in this Court while filing regular bail application in the trial Court. The said mistake was unintentional, which occurred due to change of counsel. Petitioner is in custody since 19.09.2019. Conclusion of trial may take a sufficient long time. No useful purpose would be served by detaining the petitioner in jail any more.
On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioner.
Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner – Daler Singh – is ordered to be released on bail during pendency of trial, if not required in any other case, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.
(RAMENDRA JAIN) August 13, 2020 JUDGE R.S.
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RAVINDER SINGH 2020.08.13 15:34 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner should be granted regular bail in a second petition after previous bail was cancelled due to misrepresentation regarding pendency.
1 provisions across 1 enactments
Daler Singh
State of Punjab
RAMENDRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
