Punjab-Haryana High Court
Saurabh Sharma vs State Of Punjab on 7 November, 2023
2023:PHHC:141745
203
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-47647-2023
Date of decision:- 07.11.2023
Saurabh Sharma
...Petitioner
Versus
State of Punjab
...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: |§ Mr. Sahil Nain, Advocate for
Mr. Sandeep Kumar, Advocate
for the petitioner.
Mr. IPS Sabharwal, DAG Punjab
HARPREET SINGH BRAR, J. (Oral)
1. Prayer in the present petition is made for grant of regular bail in case
FIR No. 65 dated 22.04.2023 registered under Sections 379-B, 34 of the Indian
Penal Code, 1860 (Section 411 IPC added later on) at Police Station Division No.
6, Ludhiana.
2. Learned counsel for the petitioner inter alia contends that the
petitioner has been falsely implicated in the present case. There is delay of four
days in lodging the FIR and no satisfactory explanation has been given for
registering the FIR after a delay of four days. Learned counsel for the petitioner
further contends that as per the allegation contained in the FIR he was driving the
motorcycle whereas the co-accused who was pillion rider came down from the
motorcycle and took out a sharp edged weapon in his hand and pushed the
complainant aside and thereafter both the accused snatched the mobile phone from
the pocket of the complainant and ran away from the spot. Learned counsel
for the petitioner submits that it is not believable that the petitioner would have
REENA
2023.11.07 18:36
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integrity of this order/ judgment
Chandigarh
2023:PHHC:141745
committed snatching of the mobile phone of the complainant, while he was driving
the motorcycle.
3. Per contra learned State counsel has opposed the grant of regular bail
on the ground that the petitioner is also involved in another FIR of the similar
nature i.e. FIR No. 285 dated 15.11.2022 registered under Section 379-B, 34, 411
IPC at Police Station Division No. 6, Industrial Area, Ludhiana.
4. Having heard learned counsel for the parties and perusing the record,
this Court finds that it is a fit case for grant of regular bail to the petitioner keeping
in view the fact that he has suffered incarceration since 22.04.2023 and the custody
certificate indicates that he has undergone custody of more than 6 months and 15
days. After completion of the investigation, challan under Section 173 Cr.P.C.
was presented on 20.06.2023 and even charges have not been framed till date.
5. In view of the law laid down by Hon'ble Supreme Court of India in
"Prabhakar Tewari Vs. State of U.P. and Another', 2020 (1) R.C.R. (Criminal)
831, 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 the
CJM/Duty Magistrate concerned.
6. Nothing observed hereinabove shall be construed as expression of
opinion of this Court on merits of the case and the trial Court shall proceed without
being prejudiced by observations of this Court.
(HARPREET SINGH BRAR)
JUDGE
November 07, 2023
reena
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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2023.11.07 18:36
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integrity of this order/ judgment
Chandigarh
