Punjab-Haryana High Court
Manpreet Singh Alias Shamma Alias ... vs State Of Punjab on 3 April, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:044933
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-14981-2024 (O&M)
Date of Decision:- 03.04.2024
Manpreet Singh @ Shamma @ Mandeep Singh ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Tanvir Joshi, Advocate, for the petitioner.
Mr. Gauravdeep Singh Dhaliwal, AAG, Punjab,
assisted by ASI Kulwant Singh.
*****
FIR DATE POLICE STATION OFFENCES
NO.
242 22.12.2021 Sadar, District Sri 365, 384, 386, 506, 34 IPC and
Muktsar Sahib Sections 25, 27, 54, 59 of Arms
Act (Sections 212, 201, 216 IPC
subsequently added vide Rapat
No.53 dated 04.05.2022)
GURVINDER SINGH GILL, J. (Oral)
1. The instant petition has been filed on behalf of the petitioner seeking
grant of regular bail in respect of aforementioned FIR.
2. The FIR in question was lodged at the instance of Dr. Varinder
Wadhwa wherein it is alleged that he had been kidnapped by some
integrity of this order/judgment
CRM-M-14981-2024 (O&M) -2- 2024:PHHC:044933
unknown persons and was set free after a ransom of Rs.5 lakhs was
paid.
3. Learned counsel for the petitioner submits that he is nowhere named
in the FIR and came to be nominated subsequently on the basis of
supplementary statement but the complainant in his affidavit
(Annexure P-2) has categorically stated that he had not ever made any
supplementary statement. It has further been submitted that co-
accused Dharambir Singh @ Sabu and Avtar Singh @ Avtar Singh
Aulakh have already been granted bail. It has been submitted that
since the petitioner as on date has been behind bars since the last
about 1 year, 8 months and 14 days and since the trial has not
commenced till date, he deserves for concession of bail.
4. On the other hand, learned State counsel has submitted that having
regard to the serious nature of allegations no case for grant of bail is
made out. It has however, been informed that the petitioner has been
behind bars since the last about 1 year, 8 months and 14 days and that
the petitioner otherwise is involved in 4 other cases. Learned State
counsel informed in the instant case although challan has been
presented, but charges are yet to be framed and as many as 20 PWs
have been cited.
5. This Court has considered the rival submissions addressed before this
Court.
6. It is not in dispute that the petitioner came to be nominated on the
basis of supplementary statement though the petitioner claims that the
complainant has filed affidavit (Annexure P-2) in his favour. But at
integrity of this order/judgment
CRM-M-14981-2024 (O&M) -3- 2024:PHHC:044933
this stage, this Court cannot comment upon the authenticity of the
said affidavit. However, all said and done, the petitioner has been
behind bars since the last 1 year 8 months and 14 days. The trial has
not even commenced till date and the prosecution has cited as many
as 20 PWs. As such it goes without saying that conclusion of trial is
likely to consume time. Under these circumstances, further detention
of the petitioner would not be justified. The petition, as such, is
accepted and the petitioner is ordered to be released on regular bail on
his furnishing bail bonds/surety bonds to the satisfaction of learned
trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
03.04.2024 ( GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
integrity of this order/judgment
