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High CourtsSingle Bench(2023) 10 P&H CK 0085

Liaqat Ali @ Liaqu vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 30 October 2023

HON’BLE JUDGES
Kuldeep Tiwari, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 44368, 31670 Of 2023

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Judgment

10 paragraphs · 401 words

Kuldeep Tiwari, J

CRM-44368-2023

The present application has been filed for preponement of the main case which is stated to be fixed for hearing on 15.11.2023.

For the reason assigned in the application, the same is allowed and the main case (CRM-M-31670 of 2023) is preponed and taken on Board today itself.

CRM-M-31670 OF 2023

1.

The petitioner has filed the instant petition for grant of regular bail in case FIR No. 5 dated 08.04.2023, under Sections 379 read with Section 34 IPC (Sections 379-B and 506 IPC added later on), registered at Police Station Dhar Kalan, District Pathankot.

2.

Learned counsel for the petitioner submits that earlier the FIR was registered for commission of theft and thereafter supplementary statement of the complainant was recorded and the offence of theft was converted into the offence of snatching just to eggavate the allegations against the petitioner. He next submits that though the petitioner has been named in the FIR, however no specific allegation has been assigned to him. Learned counsel for the petitioner further submits that he has already undergone six months and eleven days as on today and is not involved in any other case.

3.

PER CONTRA, learned State counsel opposed the grant of regular bail to the petitioner on the ground that it is not a case of theft, rather from the supplementary statement it is clear that the petitioner has actively participated in snatching of mobile etc. from the complainant and the recovery of the same has been effected from him. Learned State counsel on instructions from ASI Kewal Singh, Police Station, Dhar Kalan, District Pathankot, submits that the prosecution has cited total 12 witnesses in the final report and no prosecution witness as of today has been examined and the next date of hearing fixed before the learned trial Court is 21.11.2023 for recording the statements of the prosecution witnesses.

4.

Considering the days of incarceration, without commenting on the merit of the case, this Court deem it appropriate to grant regular bail to the petitioner. Consequently, the present petition is allowed. The petitioner shall be released on regular bail subject to furnishing bail bonds/surety to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Pathankot.

5.

However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is only meant for the purpose of decision of the present petition.