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Judgment
23 paragraphs · 424 wordsGurvinder Singh Gill, J
CRM-31064-2020
In view of the reasons mentioned in the application, the same is allowed as prayed for subject to all just exceptions.
CRM-M-27238-2020
The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.0079 dated 6.7.2020 at Police
Station Daba, District Ludhiana under Sections 379-B and 34 of Indian Penal Code.
The FIR was lodged at the instance of Manjit Singh, wherein it is alleged that he is owner of ‘Bachan Gas Agency’ and that on 6.7.2020, he
had asked his Cashier Pawandeep Singh to deposit amount in the bank and that while Pawandeep Singh was on his way to deposit the amount, 3
young men stopped Pawandeep Singh’s scooter and while brandshing a ‘daat’ snatched the bag containing an amount of `11.67 lakhs from
Pawandeep Singh and fled away from the spot while also taking the keys of Pawandeep Singh’s scooter.
Learned counsel for the petitioner has submitted that the petitioner is nowhere named in the FIR and has subsequently been nominated as an
accused on the basis of a disclosure statement made by co-accused which would hardly carry any evidentiary value.
Opposing the petition, the learned State counsel has submitted that it is a case where one Vikram Singh and Parminder Singh @ Prince, who were
arrested in case FIR No. 174 dated 10.7.2020 registered at Police Station Division No.6, Ludhiana under Section 21 of Narcotic Drugs and
Psychotropic Substances Act, 1985 confessed their guilt as regards the present case and also named the petitioner Parminder Singh @ Prince to be
their accomplice. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last about 5 months and
that challan already stands presented. It has further been informed that the petitioner is involved in one more case.
I have considered rival submissions addressed before this Court.
Having regard to the fact that it is a case where the petitioner has been nominated on the basis of a disclosure statement made by co-accused, the
admissibility of which would be debatable and while noticing that the petitioner has been behind bars since the last about 5 months and challan already
stands presented, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to
be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty
Magistrate concerned.
