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Punjab-Haryana High Court

Mohammed Rafi @ Wahid vs State Of Punjab on 21 November, 2019

Author: Rajbir Sehrawat

Bench: Rajbir Sehrawat

S.No.226
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
                   ****
                             CRM-M-44160 of 2019 (O&M)
                              Date of Decision:21.11.2019
Mohammed Rafi @ Wahid       .....Petitioner
      Vs.
State of Punjab             .....Respondent

CORAM:- HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present:-    Mr. Mohd. Yousaf, Advocate for the petitioner.

             Mrs. Amarjit Kaur Khurana, DAG, Punjab.
                         ****

Rajbir Sehrawat, J.(Oral)

The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.284 dated 08.08.2019 registered under Sections 379-B IPC (offence under Sections 411 and 323 IPC added later on) at Police Station Phillaur, District Jalandhar.

It is contended by learned counsel for the petitioner that the case against the petitioner is concocted. Even as per the case of the prosecution, the allegation against the petitioner is qua snatching of wrist watch and an amount of Rs.1,500 and mobile phone of "OPPO" brand, by the petitioner and his co-accused. The petitioner is in custody since 13.08.2019. There is no other case of any kind against the petitioner. Hence, the petitioner deserves to be released on bail.

On the other hand, learned State Counsel, submits that he has committed a heinous crime of snatching on the public road. However, it is not disputed that the petitioner is in custody since 13.08.2019 and that there is no other case of any kind against the petitioner.

In view of the above, but without commenting upon merits of 1 of 2 ::: Downloaded on - 08-12-2019 13:35:21 ::: CRM-M-44160 of 2019 (O&M) -2- the case, the present petition is allowed. It is ordered that the petitioner be released on bail on his furnishing bail bonds/ sureties to the satisfaction of the trial Court/ Duty Magistrate.

November 21, 2019                                  ( RAJBIR SEHRAWAT )
renu                                                  JUDGE
          Whether Speaking/reasoned            Yes/No
          Whether Reportable                   Yes/No




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