Subhash Chand vs State Of Punjab
2023 Latest Caselaw 18655 P&H

RAJ KUMAR
2023.10.20 18:40

2023:PHHC: 137589

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
208-A
CRM-M No.50420 of 2023
DATE OF DECISION : 20 OCTOBER, 2023
Subhash Chand
...- Petitioner
Versus
State of Punjab
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
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Present: | Mr. Onkar Singh Batalvi, Advocate and
Mr. Damanjeet Singh Batalvi, Advocate for the petitioner.

OK Ok 3K
RAJBIR SEHRAWAT, J. (Oral)

1. The present second petition has been filed by the petitioner

under Section 439 of the Code of Criminal Procedure, for grant of bail pending trial in case FIR No.0017 dated 01.03.2019 registered under Sections 364, 364-A, 365 (deleted later on) 201 & 120-B IPC, added later on) at Police Station Shambhu, District Patiala.

2. It is submitted by learned counsel for the petitioner that the case against the petitioner is totally concocted. Otherwise also the petitioner is in custody since 05.03.2019. There are 31 witnesses and out of them only 03 witness have been examined so far. Even the co-accused of the petitioner has been released on bail. Therefore, the petitioner deserves to be released on bail pending trial.

3. On the other hand, learned counsel for the State being instructed by ASI Balkar Singh, has submitted that the petitioner is directly involved in the case. However it is not disputed that the

petitioner is in custody from 05.03.2019 and that only 03 witness have

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CRM-M _No.50420 of 2023 2023:PHHC: 137589

been examined in the case so far. It is also not disputed that the co- accused of the petitioner has been granted bail.

4. In view of the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty

Magistrate, concerned.

20™ October, 2023 (RAJBIR SEHRAWAT) 'Taj' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

RAJ KUMAR

2023.10.20 18:40

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