Punjab-Haryana High Court
Jagwinder Alias Jagwinder Pal ... vs State Of Punjab on 6 July, 2023
Neutral Citation No:=2023:PHHC:085170
CRM-M-23333-2023 (O&M) 2023:PHHC:085170
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
233
CRM-M-23333-2023 (O&M)
Date of decision: 06.07.2023
Jagwinder Alias Jagwinder Pal Alias Bhagga
....Petitioner
Versus
State Of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Munish Puri, Advocate for the petitioner
Mr. H.S. Sullar, Sr. DAG Punjab
*****
AMAN CHAUDHARY. J.
1. The present petition has been filed under Section 439 Cr.P.C. for the
grant of regular bail to the petitioner in case FIR No.75 dated 22.08.2022,
registered under Sections 379-B and 34 IPC (Section 411 IPC added lateron), at
Police Station Sadar, District Pathankot.
2. Learned counsel contends that the petitioner is in custody for the last
about 7 months. Besides the petitioner, the co-accused Lakhwinder had in his
disclosure statement named one Robin also, who has been granted regular bail
vide order dated 10.05.2023, Annexure P-6. The recovery of mobile phone has
been effected from the main accused-Lakhwinder, who is in custody. A
compromise was also arrived at between the parties on 07.02.2023. Annexure P-5.
Charges were framed on 29.04.2023, however, out of 20 prosecution witnesses,
none have been examined. He is involved in 2 more cases, wherein he is on bail.
In this regard, reliance is placed on the judgment of Hon'ble The Supreme Court in
Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.
3. The custody certificate dated 05.07.2023 has been filed by learned
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State counsel. As per the same, the petitioner is behind bars for 6 months and 18
days.
4. Learned State counsel opposes the bail on the ground that the
petitioner had actively participated in the commission of offence and is a habitual
offender. He is however unable to controvert the submissions with regard to stage
of the case, co-accused has been granted bail and the petitioner is on bail in the
other cases registered against him.
5. Heard.
6. Hon'ble The Supreme Court in the case of Maulana Mohd. Amir
Rashadi (Supra) had held that, "As observed by the High Court, merely on the basis
of criminal antecedents, the claim of the second respondent cannot be rejected. In
other words, it is the duty of the Court to find out the role of the accused in the case
in which he has been charged and other circumstances such as possibility of fleeing
away from the jurisdiction of the Court etc."
7. Considering the facts and circumstances of the case, in particular that
the petitioner is in custody for the last 6 months and 18 days; is on bail in other
cases; co-accused has been granted bail; compromise has already been effected;
charges have been framed on 29.04.2023, however, none out of 20 prosecution
witnesses have yet been examined, the trial is likely to take a considerable time,
thus his further incarceration would not serve any useful purpose, thus the present
petition for grant of regular bail deserves to be allowed.
8. 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 his not being
required in any other case. The petitioner shall abide by the following conditions:-
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1. The petitioner will not tamper with the evidence during the trial.
2. The petitioner will not pressurize/ intimidate the prosecution
witnesses.
3. The petitioner will appear before the trial Court on each and every
date fixed, unless is exempted by a specific order of Court.
4. 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.
5. 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.
6. The petitioner shall not in any manner misuse his liberty.
7. The petitioner shall furnish his address and mobile number to 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.
8. The petitioner shall not leave the country without prior permission
of the trial Court.
9. The trial Court/Duty Magistrate may impose any other condition,
as deemed appropriate while releasing the petitioner.
9. 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.
10. 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
July 06, 2023
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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