Punjab-Haryana High Court
Rajvir Singh vs State Of Punjab on 17 September, 2015
Author: Jaswant Singh
Bench: Jaswant Singh
CRM-M No.26992 of 2015 #1#
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M No.26992 of 2015
Date of Decision:-17.09.2015
Rajvir Singh.
......Petitioner.
Versus
State of Punjab.
......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH
Present:- Mr. APS Deol, Senior Advocate assisted by
Mr. Vishal R. Lamba, Advocate for the Petitioner.
Mr. Kirat Singh Sidhu, DAG Punjab along with
ASI Rajpal.
Mr. A.S. Kalra, Advocate for the complainant.
***
JASWANT SINGH, J.(ORAL)
Prayer is for grant of regular bail under Section 439 Cr.PC to the petitioner-Rajvir Singh in case FIR No.122 dated 13.05.2015 for offences punishable under Sections 392, 454, 506 and 34 of Indian Penal Code and Section 25 of the Arms Act registered with Police Station Kotwali Bathinda, District Bathinda.
As per the allegations petitioner along with co-accused Rachit Kumar entered the house of the complainant during the day time with muffled faces and on gunpoint stole money on the day of occurrence i.e. On 13.5.2015. The petitioner was intercepted by the police on the next day i.e. 14.5.2015 while conducting usual checking. Consequently the marked VINAY MAHAJAN 2015.09.17 18:26 I attest to the accuracy and authenticity of this document at Chandigarh CRM-M No.26992 of 2015 #2# currency stolen along with the gun in question was recovered from the accused.
Learned Counsel for the petitioner submits that a false case has been foisted upon the petitioner. The petitioner is a business man, income tax payee and has financial transaction with the husband of the complainant. It is next submitted that the entire incident shows the highly unnatural conduct of the complainant as also the interception by the police. It is further stated that the petitioner is in custody since 15.5.2015 and the investigations are over.
Learned State Counsel on instructions from ASI Rajpal concedes that the investigations are over and the challan has been presented.
Without commenting upon the merits of the case, keeping in view the above, no useful purpose is going to be served by keeping the petitioner behind the bars. As such the present petition is allowed and petitioner is ordered to be released on bail to the satisfaction of CJM/Duty Magistrate, Bathinda.
( JASWANT SINGH ) JUDGE September 17, 2015 Vinay VINAY MAHAJAN 2015.09.17 18:26 I attest to the accuracy and authenticity of this document at Chandigarh