Punjab-Haryana High Court
Rajbir Singh Alias Raju vs State Of Punjab on 7 August, 2023
CRM-M-31311-2023 2023:PHHC:101637
1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
230 CRM-M-31311-2023
Date of decision: 07.08.2023
Rajbir Singh @ Raju
....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present : Mr. Harchand Singh Batth, Advocate for the petitioner.
Mr. H.S. Sullar, Sr. DAG, Punjab.
*****
AMAN CHAUDHARY, J.
1. Prayer in the present petition filed under Section 439 Cr.P.C. is for
the grant of regular bail to the petitioner in case FIR No.184, dated 11.11.2022,
registered under Sections 380, 436, 452, 427, 457, 506, 148 and 149 IPC, at Police
Station Kamboj, District Amritsar.
2. Learned counsel contends that the petitioner is in custody for the last
about eight months.There is a delay of about 1 day in lodging the FIR. He has
been falsely implicated in this case on account a dispute that arose due to his
daughter having eloped with the son of the complainant. Challan stands presented
on 02.03.2023. Charges are yet to be framed. In all there are 14 prosecution
witnesses. There is no other case against the petitioner.
3. The custody certificate dated 05.08.2023, filed by learned State
counsel is taken on record. As per the same, the petitioner is behind bars for the
last 8 months and 4 days.
4. Learned State counsel opposes the bail on the ground that the specific
Ankur Goyal
2023.08.08 13:32
I attest to the accuracy and
integrity of this order/judgment
CRM-M-31311-2023 2023:PHHC:101637
allegations have been leveled against the petitioner of setting on fire the articles
lying in the house of the complainant. He is however unable to controvert the
submissions regarding the stage of the case and his non-involvement in any other
case.
5. Heard.
6. Considering the facts and circumstances of the case, in particular that
the petitioner is in custody for the last 8 months and 4 days; not involved in any
other case; challan stands presented on 02.03.2023, however, charges have not
been framed; there are 14 prosecution witnesses in the case; the trial is likely to
take considerable time and thus his further incarceration would not serve any
useful purpose, as such the present petition for grant of regular bail deserves to be
allowed.
7. As a result, the present petition is allowed. The petitioner is ordered
to be released on regular bail, subject to his furnishing bail/surety bonds to the
satisfaction of trial Court/Duty Magistrate concerned and subject to him not being
required in any other case. The petitioner shall abide by the following conditions:-
(i). The petitioner will not tamper with the evidence during the
trial.
(ii). The petitioner will not pressurize/ intimidate the prosecution
witnesses.
(iii). The petitioner will appear before the trial Court on each and
every date fixed, unless is exempted by a specific order of
Court.
(iv). The petitioner shall not commit an offence similar to the
offence of which, he is an accused, or for commission of which
he is suspected of.
(v). The petitioner shall not directly or indirectly coerce, induce,
threaten or promise to any person acquainted with the facts of
the case so as to dissuade him/ her from disclosing such facts
to the Court or to any police officer or tamper with the
evidence in any manner.
(vi). The petitioner shall not in any manner misuse his liberty.
(vii). The petitioner shall furnish his address and mobile number to
Ankur Goyal
2023.08.08 13:32
I attest to the accuracy and
integrity of this order/judgment
CRM-M-31311-2023 2023:PHHC:101637
the Trial Court forthwith and shall not change the same till the
conclusion of the trial and in case for any reason, the petitioner
seeks to change any of the aforesaid, the same shall be done
only with prior intimation to the learned Trial Court, stating the
reason for the same.
(viii).The petitioner shall not leave the country without prior
permission of the trial Court.
(ix). The trial Court/Duty Magistrate may impose any other
condition, as deemed appropriate while releasing the petitioner.
8. It is made abundantly clear that in case there is any breach of the
aforesaid conditions, the State shall be at liberty to seek cancellation of bail as
granted to the petitioner by this order.
9. In view of the above, it is clarified that the observations made herein
are limited for the purpose of present proceedings and would not be construed as
an opinion on the merits of the case and the trial would proceed independently of
the aforesaid observations.
(AMAN CHAUDHARY)
JUDGE
07.08.2023
Ankur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Ankur Goyal
2023.08.08 13:32
I attest to the accuracy and
integrity of this order/judgment
