High CourtsSingle Bench

Tarsem Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 14 January 2021 · Citation: (2021) 01 P&H CK 0165

HON’BLE JUDGES
Manjari Nehru Kaul, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 406, 420
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 1192 Of 2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

14 paragraphs · 276 words

Manjari Nehru Kaul, J

Instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 161, dated 09.08.2017, under

Sections 420, 406 IPC, registered at Police Station City Moga, District Moga.

Learned counsel for the petitioner submits that the petitioner, who has been in custody since 02nd December, 2019, has been implicated in the case in

hand on the basis of fabricated allegations. He has further submitted that till date only charges have been framed and the case, which is triable by a

Magistrate is unlikely to conclude in the near future. Hence, the petitoner may be extended the concession of regular bail.

Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ASI

Malkit Singh, has apprised the Court that as many as 16 prosecution witnesses have been cited in the challan presented before the trial Court. The

prosecution evidence is likely to commence on the next date of hearing before the trial Court i.e. on 18.01.2021.

Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as

the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is

allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed

hereinabove shall not be construed as an expression of opinion on the merits of the case.