CRM-M No. 38755 of 2023 · Punjab And Haryana High Court · 2024
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 s. 411
Key paragraphs
- Para 55. In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the…
Judgment
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Jagjeet Singh, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. HARKESH MANUJA, J. (ORAL) ****
By way of present petition filed under Section 439 CrPC, prayer has been made for grant of regular bail in case FIR No. 66 dated
19.04.2023 registered under Section 379-B and 34 IPC, Section 411 of IPC added later on, at Police Station Cantonment, District Police Commissionerate Amritsar (Annexure P-1) wherein, the petitioner has been implicated with the allegations of having snatched a mobile phone from the complainant.
The prayer made herein has been opposed at the instance of learned State counsel while submitting that such kind of incidents are on the rise in society and considering the custody part, the petitioner does not deserve the concession of regular bail.
I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner.
In the present case, the investigation already stands concluded with the filing of challan and the petitioner is behind the bars TEJWINDER SINGH 2024.01.05 15:13 I attest to the accuracy and integrity of this document CRM-M-38755-2023 -2- for a period of almost 8 months now, even the charges have been framed. Further, the petitioner is not involved in any other case of similar nature and learned counsel for the petitioner on instructions even volunteers to deposit a non-refundable sum of Rs.15,000/- as compensation to the complainant without prejudice to his rights in trial. Considering the aforesaid, this Court does not find justification to extend his incarceration any further.
In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate and deposit of Rs.15,000/- with the trial Court at the time of his release, which shall be released in favour of the complainant upon due verification.
04.01.2024 Tejwinder (HARKESH MANUJA) JUDGE Whether speaking/reasoned Whether Reportable Yes/No Yes/No TEJWINDER SINGH 2024.01.05 15:13 I attest to the accuracy and integrity of this document
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — s. 411.
Which court decided this case, and when?
Punjab & Haryana High Court, on 04 Jan 2024. The bench was HARKESH MANUJA.
Precedent status how later indexed judgments have treated this case
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