Punjab-Haryana High Court
Varinder Singh vs State Of Punjab on 2 May, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:060896
CRM-M-20752 of 2024 -1- 2024:PHHC:060896
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
225
CRM-M-20752 of 2024
Date of Decision: 02.05.2024
Varinder Singh ..... Petitioner
Versus
State of Punjab ..... Respondent
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Kunwar Rajan, Advocate
for the petitioner.
Mr. J.S. Rattu, DAG, Punjab.
*****
SANDEEP MOUDGIL, J (ORAL)
This is a petition seeking regular bail to the petitioner in FIR
No.192, dated 24.11.2023, under Sections 323, 379-B and 506 of the Indian
Penal Code, 1860 and Sections 25, 27, 54, 59 of the Arms Act, 1959
(Section 379-B IPC and Sections 25, 27, 54, 59 of the Arms Act have been
deleted and offence under Section 392 IPC has been added vide GD No.42
dated 11.03.2024), registered at Police Station City Muktsar, District Sri
Muktsar Sahib.
Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the case and the co-accused who was the
actual main conspirator, even as per the version of the prosecution story, has
been granted the concession of regular bail by this Court in CRM-M-12582-
2024, vide order dated 23.04.2024. He further asserts that the case of the
present petitioner is on the better footing of co-accused as he was carrying a
pistol and has given injuries from the blunt side of the said weapon on the
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head of the complainant whereas the allegations qua the present petitioner is
only for theft of only Rs.10,000/- which has not been recovered from the
possession of the petitioner.
Learned State counsel, on the other hand, has produced the copy
of the custody certificate, which is taken on record and he prays for
dismissal of the instant petition stating that the petitioner is involved in other
two cases meaning thereby he is a habitual offender.
Be that as it may, having gone through the custody certificate,
the petitioner has suffered incarceration of 04 months and 17 days and
considering the fact that investigation is complete, challan stands filed on
13.03.2024, charges are yet to be framed and the fact that out of total 04
prosecution witnesses, none has been examined so far which is sufficient to
infer for this Court that the trial will take long time, no useful purpose would
be served by keeping the petitioner behind the bars for uncertain period,
wherein bail is a rule and jail is an exception and it would also violate the
principle of right to speedy trial and expeditious disposal under Article 21 of
Constitution of India, as has been time and again discussed by this Court,
while relying upon the judgment of the Apex Court passed in Dataram
Singh vs. State of Uttar Pradesh & Anr. 2018(2) R.C.R. (Criminal) 131.
As far as the pendency of other cases and involvement of the
petitioner in other cases is concerned, reliance can be placed upon the order
of this Court rendered in CRM-M-25914-2022 titled as "Baljinder Singh
alias Rock vs. State of Punjab" decided on 02.03.2023, wherein, while
referring Article 21 of the Constitution of India, this Court has held that no
doubt, at the time of granting bail, the criminal antecedents of the petitioner
are to be looked into but at the same time it is equally true that the
appreciation of evidence during the course of trial has to be looked into with
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reference to the evidence in that case alone and not with respect to the
evidence in the other pending cases.
In view of the above, petitioner is directed to be released on
regular bail on his furnishing bail and surety bonds to the satisfaction of the
Chief Judicial Magistrate/trial Court, concerned.
The present petition is, hereby, allowed.
However, it is made clear that anything stated hereinabove shall
not be construed as an expression of opinion on the merits of the case.
(SANDEEP MOUDGIL)
02.05.2024 JUDGE
D.Bansal
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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