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(2021) Law Today Live Doc. Id. 16096
Decided on: 25.03.2021
Present:
Mr. Vikram Satpal Anand, Advocate for the Petitioner.
Mr. P.S. Walia, Asstt. Advocate General, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 392, 342, 395, 379-B, 120-B, 212, 216, 201, 450, 120-B, 148, 149 – Arms Act, 1959 (54 of 1959), Sections 25, 27, 54, 59, 25.1B(F) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Dacoity/ Snatching case -- Regular bail – Detention for more than one year -- Petitioner was not named in the FIR nor any actual recovery was effected from him -- His complicity has however transpired only from the Disclosure Statement of Co-accused -- Co-accused who was similarly placed was granted Regular Bail – Further detention of the Petitioner for an indefinite period at this stage is not called for, since it transpires that so far only Challan in the case has been presented and the trial is yet to commence -- Regular Bail allowed.
(Para 2-7)
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SUDIP AHLUWALIA, J. (ORAL) –
The instant Petition has been filed under Section 439 of the Code of Criminal Procedure seeking Regular Bail on behalf of the Petitioner in case FIR No.51, dated 17.02.2020, registered under Sections 392, 342, 395, 379-B, 212, 120-B, 216, 148, 149 of the Indian Penal Code and Section 25 of the Arms Act (later on Sections 395, 379-B, 120-B, 212, 216, 201, 450 of the IPC and Sections 27-54-59, 25.1B(F) were added), at Police Station Division No.6, District Police Commissionerate Ludhiana.
2. The Petitioner has remained in detention for more than one year since 14.03.2020.
3. Admittedly, the Petitioner was not named in the FIR nor any actual recovery was effected from him. His complicity has however transpired only from the Disclosure Statement of Co-accused namely Gagandeep Singh.
4. After completion of investigation, Challan against the Petitioner has already been submitted long ago.
5. Co-accused namely Harpreet Singh who was similarly placed was granted Regular Bail by this Court in CRM-M No.35459 of 2020 on 27.11.2020.
6. In such circumstances, further detention of the Petitioner for an indefinite period in the present case at this stage is not called for, since it transpires that so far only Challan in the case has been presented and the trial is yet to commence.
7. As such, without commenting any further on the merits of the present case as a whole, the prayer of the Petitioner for Regular Bail is allowed and he is ordered to be released on bail subject to appropriate terms and conditions to the satisfaction of the Ld. Trial Court/Duty Magistrate concerned.
8. Disposed off.
Petition allowed.
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