Present: Mr.Gurinder Singh Advocate for Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1141906
CourtPunjab and Haryana High Court
Decided OnMay-28-2014
AppellantPresent: Mr.Gurinder Singh Advocate for
RespondentState of Punjab
Excerpt:
crm no.m-14432 of 2014 1 in the high court of punjab and haryana at chandigarh crm no.m-14432 of 2014 date of decision:-28.5.2014 mandeep singh ...petitioner versus state of punjab ...respondent coram: hon'ble mr.justice mehinder singh sullar present: mr.gurinder singh, advocate for mr.amit verma, advocate for the petitioner. ms.amarjit kaur khurana, addl. ag punjab for the state. mehinder singh sullar, j.(oral) petitioner mandeep singh son of jagtar singh, has directed the instant petition for the grant of concession of anticipatory bail, in a case registered against him along with his other co-accused, vide fir no.52 dated 26.3.2014 (annexure p1), for the commission of an offence punishable u/s 382 ipc by the police of police station model town, hoshiarpur.2. notice of the petition was issued to the state.3. after hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this context.4. during the course of preliminary hearing, the following order was passed by this court on 16.5.2014:- “learned counsel, inter alia, contended that petitioner along with his other co- accused baljit singh, have been falsely implicated by the complainant-gurjit arvind kumar sharma 2014.05.29 10:39 i attest to the accuracy and integrity of this document chandigarh crm no.m-14432 of 2014 2 singh jaswal son of balbir singh, in this case on account of some misunderstanding. having removed the misunderstanding, the complainant has sworn an affidavit (annexure p-2), wherein, he has admitted that he found his mobile phone from the spot itself and he handed over the phone to the police and accused have not snatched his mobile phone. moreover, nothing is to be recovered from the petitioner. heard. notice of motion be issued to the respondent, returnable for 28.05.2014. meanwhile, the petitioner is directed to join the investigation before the next date of hearing. in the event of his arrest, the arresting officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of rs.25,000/- to his satisfaction.”. 5. at the very outset, the learned state counsel, on instructions from si sohan singh, has acknowledged the relevant factual matrix and stated that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. there is no history of his previous involvement in any other criminal case. the offence alleged against the accused is triable by the court of magistrate. since the prosecution has not submitted the final police report(challan), 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 the facts & circumstances, emanating from the record, as depicted here-in-before 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 is accepted and the interim (provisional) bail granted to the petitioner, by means of order dated 16.5.2014 by this court is hereby made absolute, subject to compliance of conditions as envisaged under section 438(2) cr.pc.7. needless to mention that nothing observed here-in-above would reflect on the merits of the main case, in any manner, as the same has arvind kumar sharma 2014.05.29 10:39 i attest to the accuracy and integrity of this document chandigarh crm no.m-14432 of 2014 3 been so recorded for the limited purpose of deciding the present petition for anticipatory bail only. at the same time, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail in this court. sd/- 28.5.2014 (mehinder singh sullar) as judge arvind kumar sharma 2014.05.29 10:39 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM No.M-14432 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-14432 of 2014 Date of Decision:-28.5.2014 Mandeep Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mr.Gurinder Singh, Advocate for Mr.Amit Verma, Advocate for the petitioner. Ms.Amarjit Kaur Khurana, Addl. AG Punjab for the State. Mehinder Singh Sullar, J.

(Oral) Petitioner Mandeep Singh son of Jagtar Singh, has directed the instant petition for the grant of concession of anticipatory bail, in a case registered against him along with his other co-accused, vide FIR No.52 dated 26.3.2014 (Annexure P1), for the commission of an offence punishable u/s 382 IPC by the police of Police Station Model Town, Hoshiarpur.

2. Notice of the petition was issued to the State.

3. After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this context.

4. During the course of preliminary hearing, the following order was passed by this court on 16.5.2014:- “Learned counsel, inter alia, contended that petitioner along with his other co- accused Baljit Singh, have been falsely implicated by the complainant-Gurjit Arvind Kumar Sharma 2014.05.29 10:39 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-14432 of 2014 2 Singh Jaswal son of Balbir Singh, in this case on account of some misunderstanding. Having removed the misunderstanding, the complainant has sworn an affidavit (Annexure P-2), wherein, he has admitted that he found his mobile phone from the spot itself and he handed over the phone to the police and accused have not snatched his mobile phone. Moreover, nothing is to be recovered from the petitioner. Heard. Notice of motion be issued to the respondent, returnable for 28.05.2014. Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of his arrest, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs.25,000/- to his satisfaction.”. 5. At the very outset, the learned State counsel, on instructions from SI Sohan Singh, has acknowledged the relevant factual matrix and stated that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. There is no history of his previous involvement in any other criminal case. The offence alleged against the accused is triable by the court of Magistrate. Since the prosecution has not submitted the final police report(challan), 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 the facts & circumstances, emanating from the record, as depicted here-in-before 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 is accepted and the interim (provisional) bail granted to the petitioner, by means of order dated 16.5.2014 by this court is hereby made absolute, subject to compliance of conditions as envisaged under section 438(2) Cr.PC.

7. Needless to mention that nothing observed here-in-above would reflect on the merits of the main case, in any manner, as the same has Arvind Kumar Sharma 2014.05.29 10:39 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-14432 of 2014 3 been so recorded for the limited purpose of deciding the present petition for anticipatory bail only. At the same time, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail in this Court. Sd/- 28.5.2014 (Mehinder Singh Sullar) AS Judge Arvind Kumar Sharma 2014.05.29 10:39 I attest to the accuracy and integrity of this document Chandigarh