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Parvinder Singh @ Prince vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 18 December 2020 · Citation: (2020) 12 P&H CK 0337

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 379B · Narcotic Drugs And Psychotroic Substantes Act, 1985 — Section 21
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 27238 Of 2020 (O&M)
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Judgment

23 paragraphs · 424 words

Gurvinder 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

1.

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.

2.

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.

3.

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.

4.

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.

5.

I have considered rival submissions addressed before this Court.

6.

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.