Gautam vs State Of Punjab

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing. Custody certificate by way of an affidavit dated 17.03.2021 of Deputy Superintendent, Central Jail, Amritsar, has been filed through e-mail. Print out of the same is taken on record.

Through this petition, the petitioner seeks regular bail in case bearing FIR No.29 dated 26.01.2018, registered under Sections 379-B(2) and 323 IPC at Police Station Division A, District Police Commissionerate, Amritsar.

Learned counsel for the petitioner states that the allegations against the petitioner and the co-accused are that they had snatched a mobile phone costing Rs.1,000/- and the petitioner also took away Rs.10/-from the pocket of the complainant. During investigation, it was found that the mobile phone was not in the name of the complainant and rather the same belonged to one Ajit Singh. It is further stated that there is no MLR on record indicating that the petitioner had caused brick bat injuries. The petitioner has been in custody since 27.01.2018. It is further stated that as far as two other cases are concerned, in one case the petitioner stands acquitted whereas in the other, he is on bail.

Learned State counsel, while vehemently opposing the prayer for bail, does not dispute the custody period of the petitioner. He further states that out of 14 witnesses 7 have been examined till date.

I have heard the learned counsel for the parties.

The petitioner has been in custody since 27.01.2018. Trial of the case would take time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.

In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.