Jaswinderpal Singh @ Jaswinder Singh vs State Of Punjab

Lalit Batra , J

CRM-8372-2021

This application under Section 482 Cr.P.C. is for preponing the date of hearing of the main petition, which is already fixed for 01.04.2021.

Notice of the application.

At the asking of Court, learned State counsel accepts notice of the application and stated that he has no objection if application is allowed.

In view of the grounds mentioned in the application and no objection by learned State counsel, hearing of the main petition is preponed and is taken on Board today itself.

CRM is allowed.

CRM-M-1699-2021

Present petition under Section 439 Cr.P.C has been moved by petitioner-Jaswinderpal Singh @ Jaswinder Singh for grant of regular bail in case FIR No.313 dated 12.09.2020 under Sections 120-B, 201, 363 and 376 IPC and Section 67 of Information Technology Act, 2000, registered at Police Station Jandiala, District Amritsar Rural.

Learned counsel for the petitioner inter alia contends that allegations levelled in the FIR are totally concocted, false and frivolous and there is no iota of truth therein. He further urges that even otherwise petitioner had no role in the commission of alleged offence. He further submits that the alleged occurrence took place on 10.07.2020, whereas the FIR was registered on 12.09.2020 and as such there was inordinate delay in registration of FIR and that too unexplained one. He further urges that co-accused Dalbir Kaur has already been extended the concession of pre-arrest bail by this Court, vide order dated 16.12.2020 passed in CRM-M-34489-2020. He further submits that petitioner is in custody since 30.10.2020 and he is no more required by the Police for any investigation purpose. He further submits that Challan has already been presented in Court and since trial of the case would take sufficient time to conclude, no useful purpose would be served by keeping the petitioner in custody further and he may be released on bail.

On the other hand, learned State counsel while opposing instant petition has vehemently argued that keeping in view seriousness of offence, petitioner does not deserve the concession of bail.

I have heard learned counsel for the parties.

At this stage, without commenting anything on the merits of the case lest it may prejudice the outcome of the trial but taking into consideration the fact that petitioner is in custody since 30.10.2020; that petitioner is no more required by the Investigating Agency for investigation purpose; that Challan has already been presented in Court and since trial of the case would take sufficient time to conclude, no useful purpose would be served by detaining the petitioner in custody further, thus, he deserves the concession of bail.

In view of above, instant petition for grant of regular bail moved by petitioner-Jaswinderpal Singh @ Jaswinder Singh is allowed and he is ordered to be released on bail on his furnishing personal/surety bonds to the satisfaction of Trial Court/ Chief Judicial Magistrate/Duty Magistrate, Amritsar, as the case may be.