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(2023) Law Today Live Doc. Id. 18692
Decided on: 24.11.2023
Present:
Ms. Shikha Khullar, Advocate for Mr. J.S. Jaidka, Advocate, for the petitioner.
Mr. Jashandeep Singh, AAG, Punjab with HC Beant Singh
Indian Penal Code, 1860 (45 of 1860), Section 379-B(2), 365, 506, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Snatching case – Regular bail – Snatching of Rs.2000/- -- Several other cases against the petitioner, including the cases under the NDPS Act -- However, there was no harm caused to the complainant and an amount of Rs.500/- was recovered by the police – Petitioner in custody since 29.05.2023 -- Petitioner ordered to be released on bail pending trial.
(Para 1, 4-5)
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RAJBIR SEHRAWAT, J. (ORAL) –
1. 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.138 dated 27.05.2023 registered under Sections 379-B(2), 365, 506 and 34 of IPC at Police Station Sahnewal, District Ludhiana.
2. Custody certificate of the petitioner filed by learned State counsel today in the court is taken on record.
3. It is submitted by the counsel for the petitioner that the case against the petitioner is totally concocted and fabricated. The petitioner is not involved in the crime at all. Even as per the story of the prosecution, the petitioner is alleged to have abducted the complainant and snatched Rs.2000/- from him. However, it is not even the allegation that the complainant was harmed in any manner. In the name of recovery of money, the police have taken away Rs.500/- from the house of the petitioner. The investigation of the case is over. The petitioner is not required for any investigation purposes. The petitioner is in custody since 29.05.2023. Therefore, the petitioner deserves to be released on bail pending trial.
4. On the other hand, learned State Counsel, on instructions from HC Beant Singh, has submitted that the petitioner had committed heinous crime of abduction of the complainant and snatched an amount of Rs.2000/- from him. There are several other cases against the petitioner, including the cases under the NDPS Act. However, it is not disputed by learned State counsel that in the present case there was no harm caused to the complainant and that an amount of Rs.500/- was also recovered by the police. It is also not disputed that the petitioner is the petitioner is in custody since 29.05.2023.
5. In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.
Petition allowed.
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