Punjab-Haryana High Court
Ramdeep Singh vs State Of Punjab on 7 August, 2023
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2023:PHHC:101399
219 2023:PHHC:101399
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-22922-2023
Date of decision : 07.08.2023
Ramdeep Singh ....Petitioner
Versus
State of Punjab ....Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. G.S. Dhaliwal, Advocate
for the petitioner.
Mr. Amit Shukla, AAG, Punjab.
Mr. Mandeep K. Dhot, Advocate
for the complainant.
PANKAJ JAIN, J. (ORAL)
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.005, dated 06.01.2023 registered for the offences punishable under Sections 392, 120-B and 201 of IPC, at Police Station Bhawanigarh, District Sangrur.
2. Status report by way of affidavit of Sukhninder Singh, PPS, Deputy Superintendent of Police, Sub-Division Bhawanigarh, District Sangrur along with custody certificate of the petitioner has been filed on behalf of the respondent-State, today in Court. The same is taken on record.
3. FIR was registered alleging as under :
"Statement of Talwinder Singh son of Tarlochan Singh resident of Balad Kalan aged about 32 years Mobile No. 94781- 1 of 4 ::: Downloaded on - 08-08-2023 05:12:22 ::: Neutral Citation No:=2023:PHHC:101399 CRM-M-22922-2023 2 2023:PHHC:101399 88556. Stated that I am resident of the above mentioned address and working as Manager with Bharat Petroleum Gas Agency. Today at about 7:55 PM I was present alone at Bharat Petroleum Gas Agency near Shiv Mandir Bhwanigarh. At that time four unidentified persons, out of whom one was standing outside near the motorcycle and the other three persons out of whom one had a kirpan and another had a gandasi and another had a motorcycle chain and a Garari with teeth fitted with a rod who threatened me to hand over all the cash otherwise they shall harm me other unidentified persons was standing nearby who started searching the drawers. When they found the cash in the drawers then the person with the gandasi took my personal bag and emptied all the cash from the drawers into the bag. The cash was for the sale of 740 cylinders. The total cash comes to 7.95 lacs. The unidentified persons took cash amounting to Rs. 7,95,000/- alognwith the old laptop of the agency owner Sh. Charan Pal Singh and fled away of the motorcycle. Due to the incident I was scared and in fear. I called up the owner of agency and told him about the incident. The owner of the gas agency resides at Patiala. When my owner came I accompanied him to report the incident to you my owner Sh. Charanpal Singh son of Harcharan Singh resident of 169, New officers Colony, Patiala, you met us at Bhagat Singh Chowk, Bhawanigarh."
4. As per the case of prosecution while the matter was being investigated an information was received that four persons namely Parvinder Singh @ Ravi, Surinder Singh, Manpreet Singh @ Lavi, Amandeep Singh @ Golu, who have been arrested in FIR No.14 dated 21st of February, 2023 registered for offences punishable under Sections 399/402 IPC & under Sections 25/54/59 of Arms Act, at Police Station Bakshiwala, District Patiala have admitted of the robbery which is the 2 of 4 ::: Downloaded on - 08-08-2023 05:12:22 ::: Neutral Citation No:=2023:PHHC:101399 CRM-M-22922-2023 3 2023:PHHC:101399 subject matter of the present FIR and even some amount has been recovered from them. It has been claimed qua the petitioner as under :
"xxx And said all four accused got recorded separate disclosure statements, that petitioner who was an Ex. Employee of Bharat Gas Agency had given them information that only one person use to sit in the said gas agency and is Incharge of entire cash and said fact was told by petitioner to Manpreet Singh @ Manna, who was co-villager of petitioner of village Bardwal and thereafter Manpreet Singh @ Manna involved other members i.e. Surinder Singh, Parvinder Singh & Amandeep Singh @ Golu and even said Manpreet Singh made petitioner talk to Parvinder Singh & Surinder Singh and thereafter , with the help of petitioner, Parvinder Singh & Surinder Singh conducted Reiki of said agency and on 12.03.2023 vide DDR No.8, petitioner was nominated as an accused in the present case."
5. Counsel for the petitioner submits that Manpreet Singh @ Manna and Amandeep Singh @ Golu already stand admitted to bail. The petitioner is behind bars for last more than 4 months and 24 days and he has no criminal antecedents. The only role attributed to him is that he informed principal accused that one person is used to sit in the gas agency with entire cash.
6. Counsels for the respondents have opposed the aforesaid prayer made by the counsel for the petitioner. However they are not in position to dispute that the investigation already stands concluded and the challan stands presented. The main accused who are alleged to have committed the principal offence already stand admitted to bail.
7. In view thereof and without commenting on the merits of the 3 of 4 ::: Downloaded on - 08-08-2023 05:12:22 ::: Neutral Citation No:=2023:PHHC:101399 CRM-M-22922-2023 4 2023:PHHC:101399 case, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.
8. Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.
August 07, 2023 (Pankaj Jain)
Dpr Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:101399
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