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(2021) Law Today Live Doc. Id. 16286
Decided on: 29.06.2021
Present:
Mr.ADS Sukhija, Advocate for the petitioner.
Mr.A.M.Punchhi, Public Prosecutor, UT, Chandigarh.
Indian Penal Code, 1860 (45 of 1860), Sections 379/356 IPC (Section 379-A/34 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Snatching case – Third petition for regular bail – Petitioner was arrested on 26.01.2020 -- Recovery of the articles has been effected from the petitioner as also co-accused – Investigation in the case is complete and the challan has already been presented -- Charges have till date not been framed -- Trial as such would take time to conclude particularly keeping in view the current Covid pandemic – Petitioner is not involved in any other FIR -- Keeping in view the length of incarceration already suffered, petitioner is held entitled to benefit of bail.
(Para 4-10)
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TEJINDER SINGH DHINDSA, J. (ORAL) –
1. This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.
2. This is the third petition preferred by the petitioner under Section 439 Cr.P.C. seeking benefit of regular bail pending trial in FIR No. 24 dated 23.01.2020, under Sections 379/356 IPC (Section 379-A/34 IPC added later on), registered at Police Station Sector 39, Chandigarh.
3. Counsel for the parties have been heard.
4. FIR came to be registered on the complaint of Mrs.Simrat Kaur on the assertion that on 23.01.2020 at about 3.45 p.m. when she was returning from the market, two Kinetic born riders came from the rear side and snatched her bag containing a Samsung mobile phone, cash Rs. 1200/-, two ladies suits, one Suchha Moti Mala and photocopy of Adhaar Card.
5. Petitioner was arrested on 26.01.2020.
6. As per prosecution version the recovery of the articles aforenoticed has been effected from the petitioner as also co-accused Didar Singh.
7. Investigation in the case is complete and the challan has already been presented. Charges have till date not been framed.
8. Trial as such would take time to conclude particularly keeping in view the current Covid pandemic.
9. On a specific query having been put, Mr.A.M.Punchhi, learned Public Prosecutor, UT, Chandigarh would concede that petitioner is otherwise not involved in any other FIR.
10. In view of the above and keeping in view the length of incarceration already suffered, petitioner is held entitled to benefit of bail.
11. Petitioner be enlarged on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.
12. Disposed of.
Petition allowed.
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