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Punjab-Haryana High Court

Satpal Singh @ Harman vs State Of Punjab on 12 October, 2023

Author: Pankaj Jain

Bench: Pankaj Jain

CRM-M No.40839 of 2023 (O&M) uli 2023: PHHC: 132940

233 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRM-M No.40839 of 2023 (O&M)
Date of decision : 12.10.2023

SatpalSingh @ Harman ann. Petitioner

versus

StateofPunjab ae Respondent

CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN

Present :-

ke

Ms. Harpreet Maini, Advocate
for the petitioner.

Mr. Amit Shukla, Asst. A.G., Punjab.

REE

PANKAJ JAIN, J. (ORAL)

This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case F.I.R. No.22 dated 10.04.2023 registered under Sections 379-B/473/201/411 IPC, at Police Station Sadar Abohar, District Fazilka.

under :-

As per the allegations levelled in the FIR, it has been alleged as "Statement of Narinder Singh son of Parmjit Singh son of Mela Singh resident of village - Kot Bhai district Shri Muktsar Sahib, approximately 30 years, Mobile Phone Number 90413- aged 13299. It is stated that Iam resident of the above said address and I am engaged as Loan Officer in L & T Finance Company at Abohar, the office of our company is at upper floor of CANARA Bank near Shanker Market, Sethi Palace at Abohar.

Today on 10.04.2023, approximately at around 11:30 AM, riding at my own motor cycle bearing Number PB-30U- 9376 YVS SPORTS, collecting the recovery of the amount of approximately Rupees 1,43,000/- of our company, crossing through the village Dhaba Kokrian, I was going towards the village Bahadur Khera and then on the way, three young boys riding on a motor cycle Marka Platina, out of which, two boys have covered their faces with the towel (Parna) and they were standing on the CRM-M No.40839 of 2023 (O&M) n2u 2023: PHHC: 132940 road by parking their own motor cycle at the side of the Link Road, Bahadur Khera Link Road. When crossing my motor cycle, I came in front of them and then all the above said three boys driving their motor cycle in very fast speed, they came equal to me and coming near the fields opposite the grain market of village Bahadur they were about to give the blow of the Danda (wooden stick) to me and then the Pithu Bag put up on my back which was containing my purse, some important paper, the machined used for the collection of money, amount of Rupees 1,43,300/- the collection of the company, they pounced upon me and snatched my pithu bag. I shouted much cries but being the road desert area, no one came to me for my help. Upon which, I gave the information to Raju Yadav, area Manager of my company and reaching in village Bahadur Khera, conducted the enquiry and then I come to know that these persons, committing this incident with me are Gurwinder Singh son of Chanan Singh, Satnam Singh son of Kulwinder Singh, Satpal Singfh son of Lakhwinder Singh are the residents just of village Dabwali Dhab and if they appeared before me, than I can identify them. Appropriate legal action may be taken against them."

3 Custody certificate has been filed. The same is taken on record.

4 Learned counsel for the petitioner submits that out of the alleged amount of Rs.97,750/-, Rs.70,150/- already stands recovered. The petitioner is behind bars since 10.04.2023. He further states that the investigation already stands concluded. Challan stands presented. The custody of the petitioner cannot be prolonged as a punitive measure.

5 Per contra learned State counsel, however, submits that the petitioner is a habitual offender facing 2 more FIRs involving similar allegations.

6 Faced with this situation learned counsel for the petitioner relies upon orders passed by the Courts below whereby the petitioner stands admitted to bail in those FIRs vide orders of even date i.e. 01.08.2023.

7 I have heard learned counsel for the parties and have gone through the records of the case.

CRM-M No.40839 of 2023 (O&M) u3u 2023: PHHC: 132940 8 Without commenting on the merits of the case and considering the incarceration suffered by the petitioner, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.

9 Needless to say that anything observed herein shall not be construed to be an opinion on the merits of the case.

(PANKAJ JAIN ) JUDGE 12.10.2023 Pooja sharma-I Whether speaking/reasoned Yes Whether Reportable : No POOJA SHARMA 2023.10.12 18:39 I attest to the accuracy and integrity of this document