Babbo v. State of Punjab State of Punjab
Case Details
CRM M-40588 40588-2024 (O&M) [1] 335 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH RM M-40588-2024 (O&M) CRM M Date of Decision: 15.01.2025 Date of Decision: 15 Rohit Singh @ Babbo Rohit Singh @ Babbo ...Petitioner VERSUS State of Punjab State of Punjab ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Advocate for the petitioner. Present : Mr.Vikas Gupta, Advocate for the petitioner. Present : Rohit Bansal, Sr. DAG, Punjab. Mr. Rohit Bansal, Sr. DAG, Punjab. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present second 439 second petition filed under Section 439 Cr.P.C., prayer has been made for grant of regular bail to the , prayer has been made for grant of regular bail to the made for grant of regular bail to the under petitioner in case bearing FIR No.47 dated 08.05.2023 under petitioner in case bearing FIR No. petitioner in case bearing FIR No. B (2), 34 IPC and Section 25 of the Arms Act, 1959, Sections 379-B (2), 34 IPC and Section 25 of the Arms Act, 1959, B (2), 34 IPC and Section 25 of the Arms Act, 1959, Sections registered at Police Station Sultanwind, District Amritsar, registered at Police Station whereby the Sultanwind, District Amritsar, whereby the on the allegations of pointing pistol at petitioner has been implicated on the allegations of pointing pistol at on the allegations of pointing pistol at petitioner has been i was the complainant and in pursuance thereof, sum of Rs.4500/- was the complainant and in pursuance thereof, sum of Rs.4500/ the complainant and in pursuance thereof, sum of Rs.4500/ ched from him. snatched from him. 2. Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that the months; trial petitioner is in custody for the last about 01 year and 06 months; trial petitioner is in custody for the last about 01 year and 0 petitioner is in custody for the last about 01 year and 0 the charges were framed in is likely to take some time to conclude as the charges were framed in is likely to take some time to conclude as is likely to take some time to conclude as has been examined, March 2024 and even no prosecution witness has been examined, March 2024 and even no prosecution witness March 2024 and even no prosecution witness deserves the concession of bail. thus he deserves the concession of bail. deserves the concession of bail. 3. he prayer made on behalf of the On the other hand, the prayer made on behalf of the he prayer made on behalf of the petitioner has been opposed by learned State counsel petitioner while has been opposed by learned State counsel while petitioner is involved in 07 more cases under other submitting that the petitioner is involved in 07 more cases under other petitioner is involved in 07 more cases under other submitting that the provisions of IPC and some under similar nature; pistol has been provisions of IPC and some under similar nature; pistol has been provisions of IPC and some under similar nature; pistol has been provisions of IPC and some under similar nature; pistol has been the petitioner recovered from him; thus in view of his antecedents, the petitioner recovered from him; thus in view of his antecedents, recovered from him; thus in view of his antecedents, does not deserve the concession of bail. does not deserve the concession of bail. does not deserve the concession of bail. SANJAY GUPTA 2025.01.16 10:22 I attest to the accuracy and authenticity of this document CRM M-40588 40588-2024 (O&M) [2] 4. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by learned counsel for the petitioner. learned counsel for the petitioner. 5. In In the present case, the present case, ion already stands investigation already stands investigat filing of challan, followed by framing of charges in filing of challan, followed by framing of charges concluded with the filing of challan, followed by framing of charges concluded with the prosecution witnesses has been March 2024 and since then no prosecution witnesses has been prosecution witnesses has been March 2024 and since then no examined. The petitioner is in custody for the last 01 year and 06 examined. The petitioner is in custody for the last 01 year and 0 examined. The petitioner is in custody for the last 01 year and 0 examined. The petitioner is in custody for the last 01 year and 0 the fact that the trial months and in such circumstances, considering the fact that the trial months and in such circumstances, c months and in such circumstances, c justification to extend the is likely to take some time, I do not find any justification to extend the is likely to take some time, I do not find any is likely to take some time, I do not find any incarceration of the petitioner. incarceration of the petitioner 6. Accordingly, without expressing any opinion on the merits Accordingly, without expressing any opinion on the merits Accordingly, without expressing any opinion on the merits etitioner is of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the p of the case, the present petition is allowed and the p furnishing adequate bail ordered to be released on bail, subject to his furnishing adequate bail ordered to be released on bail, subject to ordered to be released on bail, subject to surety bonds to the satisfaction of the concerned Trial bonds/ surety bonds to the satisfaction of the concerned Trial surety bonds to the satisfaction of the concerned Trial surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate. Court/Duty Magistrate. 7. Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if any, shall also
Decision
stand disposed of. stand disposed of. .01.2025 15.01.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.01.16 10:22 I attest to the accuracy and authenticity of this document