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Arshdeep Singh @ Gelu vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 21 September 2018 · Citation: (2018) 09 P&H CK 0174

HON’BLE JUDGES
Ramendra Jain, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 148, 149, 201, 302 · Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(2V)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous -M- No. 40465 of 2018
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Judgment

16 paragraphs · 339 words
1.

Through this petition under Section 439 Cr.P.C., petitioner-Arshdeep Singh @ Gelu, has prayed for grant of regular bail in case FIR No. 202 dated

24.11.2017 registered under Section 302, 148 and 149 IPC (Section 201 IPC and Section 3(2-V) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act at Police Station Division No. 5, District Police Commissionerate, Jalandhar.

2.

According to the prosecution, in the evening of 23.11.2017, 6/7 unknown young persons armed with deadly weapons like swords, datars and

baseball bats etc. committed murder of Ashok Kumar by causing injuries with their respective weapons near Babu Jagjiwan Ram Chowk, Jalandhar.

Consequently, police registered aforesaid FIR. During investigation, complicity of accomplice of the petitioner, namely; Jaspal Singh @ Shera, was

found. On his arrest on 26.11.2017, he admitted his guilt and got effected recovery of sword used by him in the commission of crime. He also named

petitioner-Arshdeep Singh @ Gelu, as his co-accused in his disclosure statement for participating in the commission of crime and causing injuries.

3.

Learned counsel inter alia contends that petitioner has falsely been implicated in the instant case. He has been named by his co-accused-Jaspal

Singh @ Shera, in his disclosure statement. Co-accused of the petitioner, namely; Happy, Jaspal Singh @ Shera and Ajay Pal Singh @ Nihang, have

already been granted regular bail by this Court vide orders dated 08.08.2018 and 10.09.2018 (Annexure P-3, Colly.) in CRM-M- Nos. 24081, 4383 and

37046-2018, respectively. Thus, treating the case of the petitioner on the same parity, he may also be granted the concession of regular bail.

4.

On the other hand, learned State counsel vehemently opposed the above submission of learned counsel for the petitioner.

5.

Considering overall facts and circumstances and treating the case of the petitioner on the same parity as that of his co-accused, the petition is

allowed. Consequently, petitioner-Arshdeep Singh @ Gelu, is ordered to be released on bail pending trial, on his furnishing bail bonds and surety bonds

to the satisfaction of Trial Court/Duty Magistrate concerned.