Gurwinder Singh @ Nona vs State of Punjab

This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 37 dated

20.02.2018, under Sections 379-B and 341 of the IPC (Section 201 IPC added later on), registered at Police Station Sadar Patti, District Tarn Taran.

Learned counsel for the petitioner submits that vide order dated 06.09.2018 passed in CRM-M-15606-2018 and two other connected petitions, while

granting regular bail to co-accused Heera Singh, Kuldeep Singh @ Takla and Kuldip Singh @ Manak, the following order was passed:

“Learned counsel for the petitioners submit that as per allegations in the FIR, the complainant, who is working as Field Officer in a finance

company, used to provide loan to unemployed women in the villages and on 20.02.2018, the complainant along with one Pankaj Attri were coming

from the various villages, after collecting the weekly installments of the loan and when they reached near a canal, 03 young persons, who had covered

their faces, surrounded them and snatched the kit bag having cash and fled away. Thereafter, when the complainant and his accomplish raised voice,

the villagers managed to catch hold of one person and other two persons ran away with cash and the kit bag. Later on, even the person, who was

apprehended by the villagers, also managed to escape and his nick name was Manan. It is further further stated in the FIR that in Village Assal, there

are 15 members and wife of one of the accused person namely Naina, is also one of the member of their company and therefore, he was known to

the complainant earlier. It is also stated that name of third person was Kuldeep Singh, who was a friend of two other persons and he can recognize

them. Learned counsel for the petitioner further submits that in fact, all the four accused persons belong to the same village and there was some

dispute regarding settlement of accounts, for which they have been falsely implicated. It is further argued that on one hand, it is alleged that the

accused persons were having muffled faces and in later part of the FIR, the complainant alleged that he knows all the persons by name. Learned

counsel has further submitted that petitioners Kuldeep Singh @ Takla and Kuldip Singh @ Manak are in judicial custody since 05.03.2018 and

petitioner Heera Singh is in judicial custody since 20.03.2018, challan has already been presented and they are not required for any custodial

interrogation. Learned State counsel, on instructions from ASI Kewal Singh, has however submitted that petitioner Heera Singh and Kuldeep

Singh @ Takla are not involved in any other case but petitioner Kuldip Singh @ Manak is involved in two other cases, in which he is on bail.â€​

Learned counsel for the petitioner further submits that petitioner is in judicial custody since 07.03.2018 and as per the allegations in the FIR, it is stated

that the wife of the petitioner was working in the financial institution where the complainant was also working. It is further submitted that recovery

already stands effected and the petitioner is no more required for any further custodial interrogation and the challan stands presented.

Learned State counsel, on instructions from ASI Kewal Singh, has not disputed the factual position.

I have heard learned counsel for the parties.

Without commenting upon the merits of the case, considering the facts that petitioner is in judicial custody since 07.03.2018 and is no more required

for any further custodial interrogation; he is not involved in any other case and also considering the fact that the trial is likely to take some time, the

instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial

Court/Duty Magistrate concerned.