High CourtsSingle Bench

Satnam Singh @ Mamma vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 3 July 2020 · Citation: (2020) 07 P&H CK 0013

HON’BLE JUDGES
Lalit Batra, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 188, 379B, 411
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 15742 Of 2020
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Judgment

21 paragraphs · 397 words

Lalit Batra, J

Case has been taken up for hearing through Video Conferencing.

Present petition under Section 439 Cr.P.C is for grant of regular bail to petitioner-Satnam Singh @ Mamma in case F.I.R. No.25 dated 05.04.2020

under Sections 188 and 379-B IPC registered at Police Station Mattewal, District Amritsar Rural.

Learned counsel for the petitioner inter alia contends that petitioner has no nexus whatsoever with the alleged offence. He further urges that allegedly

victim-Gurmeet Singh had sustained abrasions. He further submits that petitioner is in custody since 05.04.2020 and he is no more required by the

Police for any investigation purpose. He further urges that challan has already been presented in the 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. She further submits that as per instructions from Sub Inspector Kewal Singh, petitioner has been arrayed as

accused for the commission of offence punishable under Sections 379-B and 411 IPC.

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 05.04.2020; that petitioner is no more required by the Investigating Agency for investigation purpose; that challan has

already been presented in the Court and since consequent 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-Satnam Singh @ Mamma is allowed and he is ordered to be released on

bail on his furnishing personal/surety bonds to the satisfaction of Chief Judicial Magistrate/Trial Court/Duty Magistrate,

Amritsar, as the case may be. However, petitioner has been given liberty to defer the furnishing of surety bond due to COVID-19 but he is directed to

furnish the surety bond to the satisfaction of Chief Judicial Magistrate/Trial Court/Duty Magistrate, Amritsar, as the case may be, on culmination of

nationwide lockdown due to COVID-19.