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Judgment
Jaswant Singh, J.—Prayer is for grant of regular bail u/s 439 CrPC to the petitioner Hari Singh Sahni @ Hari Ram Sahni in case bearing FIR No. 183 dated 3.8.2008 under Sections 379, 323 and 341 of the Indian Penal Code registered with police station Haibowal, Ludhiana.
The allegations against the petitioner is that he along with his 7/8 co-accused had waylaid the complainant Sabinder Singh in front of his shop and forcibly took out Rs. 2200/- from his pocket by hitting him and giving fist blows. Learned Counsel submits that petitioner is the president of Punjab Nirman Mazdur Union and, therefore, has been falsely implicated. He further submits that even declaration of the petitioner as proclaimed offender was malafidely got done by the police without ever putting him to notice of the proceedings or the present FIR with a view to teach him a lesson for espousing the cause of downtrodden. Learned Counsel for the petitioner further submits that the petitioner is in custody since 3.6.2010.
Learned State Counsel on instructions from HC Harjinder Singh has stated that the challan in the present case has been filed against the petitioner only and rest of the co-accused have been put under column No. 2.
In view of the fact that investigations are over and the challan has been presented, no useful purpose would be served by keeping him in custody as such the the present petition is allowed and petitioner is directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate Ludhiana.