The single judge bench of Justice Gurvinder Singh Gill of the Punjab and Haryana High Court in the case of Dipty Singh @ Dipty V. State of Punjab granted regular bail to the accused on the ground that the petitioner’s name was not included in the FIR and has been nominated subsequently on the basis of some secret information.
BRIEF FACTS
The factual matrix of the case is that the FIR was filed at the request of Barinder, who claims that while he was riding his motorcycle after collecting money from various people, another motorcycle came from behind him, with three people riding and their faces muffled, and they stopped their motorcycle in front of him, snatched the bag containing cash, a Tab, and receipt books, and fled the scene.
The learned counsel appearing on behalf of the petitioner submits that the name of the petitioner is nowhere in the FIR and has been nominated as an accused on the basis of alleged secret information received during the course of an inquiry, which would hardly carry any evidentiary value.
The learned counsel appearing on behalf of the state contended that following the arrest of the accused, the motorcycle used in the conduct of the crime was collected at his request, establishing his culpability. It has been reported that the petitioner has been imprisoned for more than 11 months and is currently involved in another case. It has been revealed that charges have yet to be filed and that 11 PWs have been named.
COURT’S OBSERVATION
The court considered the rival submissions and stated that the petitioner is not named in the FIR and has been nominated subsequently on the basis of some secret information. The petitioner has been behind bars for a substantial period of more than 11 months. The conclusion of the trial is likely to consume time as the trial has not even commenced to date and charges are yet to be framed. In these circumstances, further detention of the petitioner will not serve any useful purpose. Further, the application was allowed and the petitioner was granted regular bail.
CASE NAME- Dipty Singh @ Dipty V. State of Punjab
CITATION- CRM-M-6050-2022 (O&M)
CORUM- Justice Gurvinder Singh Gill
DATED- 29.8.2022
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