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2020 DIGILAW 432 (PNJ)

Harpreet Singh v. State Of Punjab

2020-02-05

SUVIR SEHGAL

body2020
JUDGMENT Suvir Sehgal, J. (Oral) - Petitioner has filed this petition under Section 439 of Cr.P.C. for grant of regular bail in case FIR No.108, dated 22.10.2018 registered under Sections 379-B, 323, 382, 411, 34 of IPC at Police Station Kotwali Nabha, District Patiala (Punjab). 2. Learned counsel for the petitioner has argued that neither the petitioner has been named in the FIR nor is there any direct evidence to link him with the alleged incident. He further submits that trial is proceedings at a slow pace and the petitioner has already spent more than 1 year and 3 months behind bars. 3. Learned State counsel has produced custody certificate dated 05.02.2020, which is taken on record. Upon instructions of ASI Jai Parkash, he has opposed the bail application on the ground that petitioner was identified through CCTV footage as well as in the test identification parade. He has further submitted that there was another FIR No. 91, dated 11.09.2016 registered under Sections 341, 324, 323,506, 148, 149 IPC, at Police Station Sadar Nabha, against the petitioner though he could not dispute the fact that he was acquitted in the said FIR. 4. Heard. 5. Considering the fact that trial of the case is likely to take some time and no useful purpose would be served by keeping the petitioner in further detention. Moreover, the petitioner is already behind the bars for the last more than 1 year and 3 months. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate.