Punjab-Haryana High Court
Joban Singh @ Jobanjit Singh vs State Of Punjab on 12 September, 2023
Neutral Citation No:=2023:PHHC:119132
CRM-M-44209-2023 2023:PHHC:119132
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
227
CRM-M-44209-2023 (O&M)
Date of decision: 12.09.2023
Joban Singh @ Jobanjit Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
****
Present: Mr. Brijeshwar Singh Bhalla, Advocate for the petitioner.
Mr. Manipal Singh Atwal, DAG, Punjab.
****
AMAN CHAUDHARY, J.
1. Prayer in the present petition filed under Section 439 Cr.P.C.
is for grant of regular bail to the petitioner in FIR No.13 dated 26.02.2023,
registered under Sections 379-B(2) and 34 IPC, at Police Station Tarsikka,
District Armitsar.
2. Learned counsel contends that the petitioner is in custody for
about 7 months. There was a delay of one day in lodging the FIR.
Recovery stands effected from the petitioner and his co-accused. Co-
accused Manjinder Singh and Gursewak Singh have been granted regular
bail by this Court after having been in custody for about 5 months vide
orders dated 20.07.2023 and 26.07.2023, Annexures P-2 and P-3. Challan
was presented on 20.05.2023 but charges have not been framed and in all
there are 12 prosecution witnesses. He is involved in three more cases,
wherein he is on bail. Reliance is placed on the judgment of Hon'ble The
Supreme Court in Maulana Mohd. Amir Rashadi vs. State of U.P. and
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others, 2012(2) SCC 382. Challan has been presented on 20.05.2023,
however, charges have not been framed and in all there are 12 witnesses.
3. The custody certificate dated 11.09.2023, filed by learned
State counsel is taken on record, as per which, the petitioner is behind bars
for 6 months and 14 days.
4. Learned State counsel opposes the bail on the ground that the
petitioner had actively participated in the commission of offence and datar
has been recovered from him, while motorcycle and mobile phone from the
co-accused. He is however unable to controvert the submissions made
regarding the stage of the trial, petitioner being on bail in other cases and
co-accused having been granted regular bail.
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." Reiterating in Prabhakar Tewari vs. State
of UP and another, (2020) 11 SCC 648, it was observed that, "The
offence alleged no doubt is grave and serious and there are several criminal
cases pending against the accused. These factors by themselves cannot be
the basis for refusal of prayer for bail."
7. Considering the facts and circumstances of the case, in
particular that the petitioner is in custody for last 6 months and 14 days; on
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bail in other cases; co-accused have been granted regular bail; challan
stands presented on 20.05.2023, however, charges are still to be framed; in
all there are 12 prosecution witnesses; the trial is likely to take a
considerable time, thus his further incarceration would not serve any useful
purpose, 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:-
(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 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.
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(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.
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 )
12.09.2023 JUDGE
ashok
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:119132
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