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Punjab-Haryana High Court

Arshdeep Singh @ Arsh vs State Of Punjab on 13 August, 2021

Author: Anupinder Singh Grewal

Bench: Anupinder Singh Grewal

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


214                              CRM-M-15431-2021
                                 DATE OF DECISION: 13.08.2021


ARSHDEEP SINGH @ ARSH                          ... Petitioner(s)
                          Versus
STATE OF PUNJAB                                ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present:     Mr. Rishu Mahajan, Advocate for the petitioner.

        Mr. Dhruv Dayal, Senior DAG, Punjab.
             ****
ANUPINDER SINGH GREWAL, J. (ORAL)

Heard through video conferencing.

The petitioner is seeking regular bail in FIR No.18 dated 14.02.2019, under Sections 341, 323, 324, 148, 149 IPC and Section 307 IPC added later on, registered at Police Station Shahkot, District Jalandhar.

Learned counsel for the petitioner contends that the FIR is an outcome of a sudden fight. The petitioner was alleged to be armed with a 'datar'. The injured have fully recovered from the injuries. Learned counsel also states that the similarly situated co-accused namely Shiva in CRM-M- 31128-2019 on 23.10.2019 and Rohit Singh in CRM-M-54310-2019 on 29.01.2020 have been granted bail by this court and the coordinate Bench of this court respectively. The petitioner is in custody for over 11 months. He had earlier been declared as proclaimed offender but he had surrendered.

Learned State counsel contends that challan has been filed but no prosecution witness has been examined. Custody certificate filed by the learned State counsel through email is taken on record which indicates that the petitioner is in custody for a period of 11 months and 14 days.

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In view of the above, especially when the petitioner is in custody for over 11 months, the co-accused have been granted bail, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.

Therefore, 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.

The petitioner shall appear before the SHO, Police Station Shahkot every alternate Monday till the conclusion of the trial. He shall also furnish his mobile number to the SHO and keep his mobile phone location on.





                                       (ANUPINDER SINGH GREWAL)
                                               JUDGE
13.08.2021
SwarnjitS
             Whether speaking/reasoned :        Yes / No
             Whether reportable        :        Yes / No




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