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(2020) Law Today Live Doc. Id. 15646 = 2020 L.A.R. (e-Suppl.) 2021
Decided on: 23.11.2020
Present:
Mr. B.S. Sidhu, Advocate for the petitioner.
Mr. Joginder Pal Ratra, DAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 395 – Arms Act, 1959 (54 of 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Dacoity case – Regular bail -- Petitioner is not named in the FIR and he was later on, nominated in the case on the basis of the disclosure statement of the co-accused – Petitioner has undergone the custody of 04 months and 15 days -- Considering the fact that challan stands presented; the petitioner is not involved in any other case; the custodial interrogation of the petitioner is not required and the conclusion of the trial will take some time due to COVID-19 situation, petition allowed.
(Para 3-5)
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ARVIND SINGH SANGWAN, J. (ORAL) –
1. Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.78 dated 30.06.2020, for offence punishable under Sections 395 of the Indian Penal Code, 1860 (in short ‘IPC’) and 25 of the Arms Act registered at Police Station Sadar Moga, District Moga.
2. Counsel for the petitioner has argued that as per the allegations in the FIR, the complainant stated that when he was present at the shop, 06 persons came in a car out of which 04 persons came to his shop and 02 remained sitting in the car. The boys who entered his shop were having covered face and only one person namely Darshan Singh @ Kala, has not covered his face and those persons snatched articles worth Rs.26,000/- from the complainant.
3. Counsel for the petitioner has further submitted that the petitioner is not named in the FIR and he was later on, nominated in the case on the basis of the disclosure statement of the co-accused Darshan Singh @ Kala. It is further submitted that the petitioner is the first offender and he is not involved in any other case.
4. Counsel for the State has not disputed the factual position but opposed the prayer for bail. Counsel for the State has also filed the Custody Certificate today in the Court and as per the Custody Certificate, the petitioner has undergone the custody of 04 months and 15 days. It is also submitted that the investigation is complete and challan stands presented.
5. Without commenting anything on merits of the case, considering the fact that challan stands presented; the petitioner is not involved in any other case; the custodial interrogation of the petitioner is not required and the conclusion of the trial will take some time due to COVID-19 situation, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.
6. However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner.
Petition allowed.
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