Full Judgment
CRM not M-20813 of 2013 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM not M-20813 of 2013 (O&M) Date of Decision: - 26.08.2013 Harminder Singh .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Amol Rattan Sidhu, Senior Advocate, with Mr. Vishal Deep Goyal, Advocate for the petitioner. Mr. R.P.S. Sidhu, Assistant Advocate General, Punjab for the State with Mr. G.S. Bhatia, Advocate for complainants/victims. **** MEHINDER SINGH SULLAR , J.(oral) Petitioner-Inspector Harminder Singh son of Raghbir Singh, has preferred the instant petition for the grant of regular bail in a case registered against him, vide FIR No.46 dated 13.05.2013, on accusation of having committed the offences punishable under Sections 167 and 342 IPC (the offences punishable under Sections 195, 220, 466, 469 and 471 IPC, were later on added), by the police of Police Station Raja Sansi, District Amritsar (Rural), invoking the provisions of Section 439 Cr.P.C.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going Kumar Naresh 2013.09.03 14:06 I attest to the accuracy and integrity of this document Chandigarh CRM not M-20813 of 2013 (O&M) -2- through the record with their valuable help and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.
4. As is evident from the record that in pursuance of order dated 13.02.2013 of this Court, rendered in Crl. Misc. not M-35808, in the wake of report of Chief Judicial Magistrate dated 11.02.2013 and the inquiry report by the Commissioner of Police, Amritsar, the instant case was registered against the petitioner-accused, for the indicated offences. The prosecution claimed that the petitioner has illegally detained and falsely implicated the victims in a case registered against their main accused, by virtue of FIR 11.dated 14.8.2012, on accusation of having committed the offences punishable under Sections 376, 292(2), 342 and 506 read with section 34 IPC and Section 67 of The Information Technology Act, 2000 (the offence u/s 120-B IPC was added lateron). It is not a matter of dispute that after completion of the investigation, the Investigating Agency, has already submitted the final police report (challan) against the accused on 20.08.2013 before the Area Magistrate.
5. Moreover, the petitioner was arrested on 22.05.2013. Since then he is in judicial custody and no useful purpose would be served in further detaining him in jail. Even, since the charges have not yet been framed against the accused, so, the final conclusion of trial will naturally take a long time.
6. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as Kumar Naresh 2013.09.03 14:06 I attest to the accuracy and integrity of this document Chandigarh CRM not M-20813 of 2013 (O&M) -3- discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Amritsar. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case during trial, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. August 26, 2013 (MEHINDER SINGH SULLAR) naresh.k JUDGE Kumar Naresh 2013.09.03 14:06 I attest to the accuracy and integrity of this document Chandigarh