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Judgment
TEJINDER SINGH DHINDSA, J. (ORAL).
Petitioner seeks benefit of regular bail pending trial in case F.I.R. No.22, dated 01.02.2018, under Section 379-B IPC, registered at Police Station City
Batala, District Gurdaspur.
FIR came to be registered on the statement of Suraj Kumar. Allegations are that during the late evening hours of 31.01.2018, two unidentified
persons came on a black splendor motorcycle bearing registration No.PB-58-H-6140 and snatched a samsung mobile phone from the complainant.
Petitioner was arrested on 01.02.2018.
As per prosecution, the motorcycle in question is in the ownership of the present petitioner.
It is the contention raised by counsel that the petitioner has been falsely implicated on account of a previous enmity with the complainant party. In
support of such contention, it is submitted that Rajinder Kumar @ Laddi i.e. father of the complainant had earlier got registered FIR No.100, dated
31.09.2009, under Sections 326/324/323/148/149 IPC at Police Station City Batala against four persons including the present petitioner and in which
petitioner stood trial and was convicted for offence under Sections 323/34 IPC vide judgment dated 14.09.2016 passed by the trial Court.
The submission as regards false implication raised by counsel cannot be stated to be without substance.
Investigation in the case is complete and challan already stands presented.
Petitioner is not stated to be involved in any other criminal proceedings.
Without making any observations on merits, present petition is allowed.
Petitioner be enlarged on bail subject to satisfaction of Trial Court/Duty Magistrate concerned.
Petition disposed of.
