Punjab-Haryana High Court
Tirath Singh Alias Tirath Dhilwa vs State Of Punjab on 6 July, 2022
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
205a CRM-M-46148-2021
Date of decision : 06.07.2022
Tirath Singh @ Tirath Dhilwa
... Petitioner
Versus
State of Punjab
.. Respondent
CORAM :HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present:- Mr. Vikram Satpal Anand, Advocate for the petitioner.
Mr. Hittan Nehra, Addl. A.G., Punjab.
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Anupinder Singh Grewal, J. (Oral)
The petitioner is seeking regular bail in FIR No.38 dated 02.05.2017 under Section 392 IPC and Section 25 of the Arms Act (Sections 395, 397, 307, 473 and 201 IPC added later on), registered at Police Station Banur, District Patiala.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR and has been arraigned as an accused on the statement of co-accused. No recovery has been effected from him. He further submits that the kingpin of the offence was Jaipal Bhullar, who was killed in an encounter in West Bangal. The petitioner is in custody for over four years and three months. He also submits that the trial is not making any headway.
Learned State counsel, however, submits that the allegations against the petitioner are serious as he is involved in looting a Bolero carrying cash of around Rs.1,33,00,000/- at gun point. The petitioner is also involved in several other cases. He, upon instructions from ASI Paramjit Singh, states that 1 of 2 ::: Downloaded on - 07-07-2022 04:36:28 ::: CRM-M-46148-2021 -2-
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08 out of 34 prosecution witnesses have been examined. He has filed the custody certificate in Court, which indicates that the petitioner is in custody for 04 years, 03 months and 03 days as on 05.07.2022.
Heard.
The allegations in the FIR are that a Bolero Car carrying cash of around Rs.1,33,00,000/- was looted. The petitioner is not named in the FIR and has been arraigned as an accused on the statement of co-accused. No recovery has been effected from him even after his arrest. He is in custody for over four years and three months, the trial has not made much headway as only 08 out of 34 prosecution witnesses have been examined. Therefore, I am of the considered view that the petitioner is entitled to the concession of regular bail.
Without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
At the time of release of the petitioner, the SHO, Police Station Banur, District Patiala would be informed and the petitioner shall furnish his mobile number to the SHO and keep his mobile location on till the conclusion of the trial. He shall also appear before the Police Station on first Monday of every month till the conclusion of the trial.
(ANUPINDER SINGH GREWAL)
JUDGE
July 06, 2022
sonia gugnani
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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