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Judgment
19 paragraphs · 336 wordsArun Palli, J
The petitioner prays for a regular bail under Section 439 of Cr.P.C in FIR No.289 dated 18.09.2020, under Sections 379-B and 411 of IPC, registered
at Police Station Maqboolpura, District Amritsar.
In brief, as per the prosecution version while the complainant Babu Ram was going towards Sabji Mandi Wallah, two youths riding a motorcycle came
from the other side (Chowk Wallah). And, as they came near the complainant the pillion rider snatched his handset (VIVO 1820 mobile). Although,
they tried to flee from the spot but the co-accused Robanpreet Singh, who had snatched the phone was over powered by the complainant and a few
passersby. Whereas, petitioner Mani @ Jasbir Singh fled from the scene, but was subsequently apprehended.
Learned counsel for the petitioner submits, for, the mobile phone snatched by the co-accused has since been recovered. The petitioner is a young boy
who is barely 25 years of age and is the first time offender.
The challan has already been presented and in the prevalent circumstances, the trial shall take long to conclude. He submits that the petitioner is in
custody since 20.09.2020, and in reference to the order dated 13.01.2021 (Annexure P-3), it is urged that the co-accused Robanpreet Singh @ Gill @
Dada has since been released on bail by this Court.
The factual position, as set out above, is not disputed by learned State counsel, who rather fairly submits that the co-accused has since been granted
concession of bail by this Court.
Accordingly, the petition is allowed and the petitioner is ordered to be enlarged on bail subject to his furnishing adequate bail bonds/surety bonds to the
satisfaction of trial Court/ Duty Magistrate, Amritsar.
However, the prosecution will always be at liberty to apply for cancellation of bail in case the petitioner is found to be misusing the concession of bail
in any manner.
Needless to assert that this order as also the observation made hereinabove shall not constitute any expression of opinion on the merits of the case.