Allowed

Jagtar Singh v. State of Punjab

Punjab & Haryana HC3 Sept 2024CRM-M/41928/2024

Case brief

AI extract

What is this about?

Regular bail plea under Section 483 BNSS in an FIR for illegal mining under the Mines and Minerals Act. Petitioner's tractor was parked in the mining area leased to co-accused Mangat Ram, already granted bail. Court granted bail considering custody period and that the case is triable by Magistrate.

What did the court decide?

Petitioner admitted to regular bail on furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate on usual terms.

Jagtar Singh Vs State of Punjab — Mining and Natural Resources | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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211

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CRM-M-41928-2024 Date of Decision.:03.09.2024

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Jagtar Singh …..Pe--oner Vs. State of Punjab .….Respondent

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CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present:Mr. Ramesh Chand, Advocate for the pe��oner. ****

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DEEPAK GUPTA, J. (ORAL)

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The pe��oner is seeking regular bail by way of pe��on filed under Sec�on 483 of Bhara�ya Nagarik Suraksha Sanhita, 2023 (Old Sec�on 439 Cr.P.C) in case FIR No.103 dated 27.07.2023 under Sec�ons 21(1) and 4(1) of Mines and Minerals (Regula�on of Development) Act, 1957 registered at Police Sta�on Nangal, District Rupnagar.

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Illegal mining was spo7ed by the officers of Mining Department. On demarca�on of the mining area, it was found to be belonging to Kalgidhar Stone Crusher. During inves�ga�on, it was found that land in ques�on had been taken on lease by one Mangat Ram. The tractor of the pe��oner and 07 others besides a poclain machine were found to be parked in the mining area. Because of that reason, the pe��oner was arrested.

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Conten�on of learned counsel for the pe��oner is that the main accused – Mangat Ram, who had taken the land on lease, has since been allowed bail by this Court vide order dated 07.02.2024 passed in CRM-M-57284-2023 a<er no�cing that he was in custody for the last more

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NEETIKA TUTEJA 2024.09.03 15:33 I attest to the accuracy and integrity of this document

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CRM-M-41928-2024

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than 05 months and that case was triable by Magistrate and trial may take �me to conclude.

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Learned counsel for the pe��oner contends that in the aforesaid circumstances, pe��oner also deserve to be released on bail as he is in custody for the last approximately 02 months and is not involved in any other case.

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On advance no�ce, Mr. R.K. Takkar, DAG, Punjab appears on behalf of respondent-State.

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Learned State counsel could not refute the aforesaid conten�ons to the effect that role a7ributed to the pe��oner is to the effect that his tractors was parked in the area where illegal mining was being carried out. Co-accused Mangat Ram, who had taken the land on lease, has already been allowed bail by this Court.

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Considering all the aforesaid facts and circumstances and the custody period of the pe��oner and the fact that the case is triable by the Magistrate and the trial may take me to conclude, but without commen�ng anything further on the merits of the case, this pe��on is allowed and pe��oner is admi7ed to bail on his furnishing bail bonds/surety bonds to the sa�sfac�on of the Learned Trial Court/Duty Magistrate concerned, on usual terms and condi�ons.

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( DEEPAK GUPTA ) JUDGE

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September 03, 2024

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Nee�ka Tuteja

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Whether Speaking/reasoned Yes/No Whether Reportable Yes/No

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NEETIKA TUTEJA 2024.09.03 15:33 I attest to the accuracy and integrity of this document

Jagtar Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Jagtar Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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