Punjab-Haryana High Court
Anmol Arora vs State Of Punjab on 28 April, 2021
Author: Harnaresh Singh Gill
Bench: Harnaresh Singh Gill
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
205 CRM-M-3022-2021
Date of decision: 28.04.2021
Anmol Arora ... Petitioner
Versus
State of Punjab .... Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present:- Mr. Piyush Sharma, Advocate,
for the petitioner.
Mr.H.S.Sitta, AAG, Punjab.
***
HARNARESH SINGH GILL, J. (ORAL)
Case is taken up for hearing through video conferencing. Prayer is for grant of regular bail in case FIR No. 393 dated 20.10.2020, registered at Police Station Zirakpur, District SAS Nagar, under Sections 461/380/457/427 IPC (Sections 411/482 IPC added later on).
Learned counsel for the petitioner states that as per the allegations contained in the FIR, 3-4 persons had been trying to break open the ATM machine and on having been chased after, the petitioner had been arrested on the spot itself, while remaining accused had managed their escape. However, the fact remains that no money had been taken out of the ATM and thus, there was no loss caused to the public exchequer. Learned counsel further states that the petitioner had been in custody since 20.10.2020 and that co-accused, Gurpreet Pal, has since been granted concession of bail vide order date 14.12.2020.
On the other hand, the learned State counsel, states that though it is a case of an unsuccessful robbery, yet the petitioner had been 1 of 2 ::: Downloaded on - 06-06-2021 08:33:12 ::: CRM-M-3022-2021 -2- apprehended at the spot itself and, thus, his complicity in the crime is clearly established. He, however, does not dispute the custody period of the petitioner. The charges are yet to be framed.
I have heard the learned counsel for the parties.
The petitioner has been in custody since 20.10.2020. Trial of the case would take time to conclude. Moreover, co-accused Gurpreet Pal has been granted bail by this Court vide order dated 14.12.2020. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.
In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.
28.04.2021 (HARNARESH SINGH GILL)
anju JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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