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(2020) Law Today Live Doc. Id. 15475 = 2020 L.A.R. (e-Suppl.) 1414
Decided on: 06.10.2020
Present:
Mr. Munish Puri, Advocate for the petitioner.
Mr.Sukhbir Singh, AAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Section 379-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Snatching of mobile and cash – Regular bail -- A mobile phone was recovered from the petitioner on the basis of his disclosure statement and nothing remains to be recovered from him -- Challan has been presented and no useful purpose would be served by further detaining the petitioner in custody -- Moreover, conclusion of the trial will take some time keeping in view the prevailing pandemic situation – Appropriate to release the petitioner on regular bail.
(Para 2,6,7)
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SANT PARKASH, J. –
[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court.]
1. Petitioner prays for grant of regular bail in FIR No.192 dated 29.07.2020 registered under Sections 379-B of the Indian Penal Code at Police Station, Ghuman, District Batala.
2. As per the allegations in the FIR, the petitioner along with his co-accused came on a motorcycle at Petrol Pump for filling in petrol. After filling in petrol, when the complainant demanded money, the pillon rider snatched a sum of Rs.3500-4000/- from him and one of the accused gave danda blow on the arm of the complainant. The mobile phone of the complainant had also been snatched by the accused.
3. Making out a case for regular bail, learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Nothing else but the mobile phone was recovered from him. He further submits that the petitioner is in the judicial custody since 29.07.2020.
4. On the other hand, learned counsel for the State opposes the prayer of the petitioner.
5. I have heard learned counsel for the parties and perused the case file.
6. Admittedly, a mobile phone was got recovered from the petitioner on the basis of his disclosure statement and nothing remains to be recovered from him. The challan has been presented and no useful purpose would be served by further detaining the petitioner in custody. Moreover, conclusion of the trial will take some time keeping in view the prevailing pandemic situation.
7. Taking into consideration the totality of the circumstances and without commenting on the merits of the case, it is considered as appropriate to release the petitioner on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of the concerned trial court/Duty Magistrate/Chief Judicial Magistrate.
8. Petition stands allowed.
Petition allowed.
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