Gurdeep Rai vs State of Punjab

Arvind Singh Sangwan, J.

Allowed as prayed for.

Documents are taken on record as Annexure P-3 and Annexure Main cases

This common order shall dispose of above noted two petitions as they arise out of the same FIR.

These petitions have been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to petitioners Gurdeep Rai and Sunny

Kumar in case FIR No. 46 dated 16.04.2018, under Sections 379-B and 34 of the IPC, registered Act at Police Station Chabbewal, District

Hoshiarpur.

Learned counsel, appearing for petitioner Gurdeep Rai, has submitted that the petitioner is on bail in another FIR No. 114 dated 31.08.2017, under

Section 379-B IPC, registered at Police Station Chabbewal, District Hoshiarpur and has relied upon the order passed by the trial Court on 12.09.2018,

wherein the petitioner has been granted bail in the said FIR.

It is argued on behalf of both the petitioners that the complainant has named both the petitioners by giving their parentage and addresses and,

therefore, it will be a debatable issue during the course of trial as to how the petitioners were known to the complainant. It is also submitted on behalf

of both the petitioners that they were involved in aforesaid FIR No. 114 on the basis of their disclosure statement after they were arrested in the

present case.

Learned counsel for the petitioners further submit that petitioners Gurdeep Rai and Sunny Kumar are in judicial custody since 17.04.2018 and

16.04.2018, respectively, and the conclusion of the trial is likely to take some time.

Learned State counsel, on instructions from ASI Jasbir Singh, has not disputed the factual position, however, opposed the prayer of the petitioners on

the ground that they are also involved in aforesaid FIR No. 114.

I have heard learned counsel for the parties.

Without commenting upon the merits of the case, considering the facts that the petitioners are in judicial custody from April, 2018 and the conclusion

of the trial is likely to take some time, the instant petitions are allowed. Petitioners Gurdeep Rai and Sunny Kumar are ordered to be released on

regular bail on their furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate concerned.

A photocopy of this order be placed on the file of other connected case.