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2023 Supreme(P&H) 712

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Pankaj Jain, J.
Surinder Singh @ Soni - Petitioner - Appellant
Versus
State of Punjab - Respondent - Respondent
CRM-M-40485 of 2023
Decided On : 23-08-2023

Advocates appeared:
Ms. Suman Kumari, Advocate for the petitioner.
Mr. Amit Shukla, AAG, Punjab.

The main legal point established in the judgment is the consideration of the nature of the recovery attributed to the petitioner, the criminal antecedents, and the application of the law laid down in 'Prabhakar Tiwari vs. State of U.P.' to grant bail based on parity and the incarceration already suffered by the petitioner.

Headnote:

Regular Bail - Criminal Law - IPC 399, 402, Arms Act 25, 54, 59-A - The court granted regular bail to the petitioner in a case involving allegations under IPC 399, 402 and Arms Act 25, 54, 59-A. The court considered the nature of the recovery attributed to the petitioner and the criminal antecedents, and allowed the petition based on parity and the incarceration already suffered by the petitioner.

Fact of the Case:

The petitioner filed a petition for grant of regular bail in a case involving allegations under IPC 399, 402 and Arms Act 25, 54, 59-A. The petitioner was alleged to be involved in a conspiracy to commit dacoity while being armed with sharp-edged weapons, deadly weapons, and illegal firearms.

Finding of the Court:

The court allowed the petition for regular bail, considering the nature of the recovery attributed to the petitioner and the criminal antecedents, and based on parity and the incarceration already suffered by the petitioner.

Issues: The issues involved the nature of the recovery attributed to the petitioner, the criminal antecedents, and the application of the law laid down in 'Prabhakar Tiwari vs. State of U.P.'

Ratio Decidendi: The court considered the nature of the recovery attributed to the petitioner and the criminal antecedents, and applied the law laid down in 'Prabhakar Tiwari vs. State of U.P.' to grant bail based on parity and the incarceration already suffered by the petitioner.

Final Decision: The petition for regular bail was allowed, and the petitioner was ordered to be released on regular bail on furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.

PANKAJ JAIN, J.

Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.14 dated 21.02.2023, registered for the offences punishable under Sections 399 and 402 of IPC, 1860 and Sections 25, 54 and 59-A of Arms Act, 1959, registered at Police Station Bakhshiwala, District Patiala.

2. Reliance has been placed upon order dated 06.07.2023 passed in CRM-M-30606-2023, whereby accused stands admitted to bail observing as under:-

    “1 This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.14 dated 21.02.2023 registered under Sections 399/402 IPC and Sections 25/54/59 of Arms Act, at Police Station Bakhsiwala, Patiala.

2 As per the allegations levelled in the FIR, it has been alleged as under :-

A note from SI Jastin Sadiq 1357/PTL/C.I.A. Patiala against Parvinder Singh alias Ravi son of Gursewak Singh, resident of Village Jati Majra, Police Station Dhuri, District Sangrur, Surinder Singh alias Soni son of Ranjit Singh, resident of Village Jati Majra, Police Station Dhuri, District Sangrur, Mandeep Singh alias Vicky son of Ranjit Singh, resident of Village Daulatpur, Police Station, Dhuri, District Sangrur, Manpreet Singh alias Lavi son of Major Singh, resident of Village Bararwal, Police Station Dhuri, District Sangrur and Amandeep Singh alias Golu son of Gurjit Singh, resident of Village Ruldu Singh Wala, District Sangrur, has been received at the police station through Constable Jashanjeet Number 2333/PTL. The details of same are as this, "To, The SHO Police Station Bakshiwala. Jai Hind. Today, I A.S.I. along with A.S.I. Sahib Hazara Number 1820/PTL, A.S.I. Gurpreet Singh Number 703/PTL, A.S.I. Sandeep Singh Number 2872/PTL, A.S.I. Roop Singh Number 2396/PTL, A.S.I. Pargat Kumar Number 1254/PTL, Head Constable Ranjeet Singh Number 2282/PTL, Constable Surinder Singh Number 444/PTL, Constable Rupinder Singh Number 1560/PTL and constable Jashanjeet Singh Number 2333/PTL, on official vehicle bearing registration number PB-11-BY-6918 of Balero company, being driven by A.S.I. Patwinder Singh Number 1691/PTL and on private car, were present near Bus Stand Village Rakhra, Nabha Patiala Road in connection with checking of bad elements and suspicious persons. That on the spot special informer passed information to me in person that Parvinder Singh alias Ravi son of Gursewak Singh, resident of Village Jati Majra, Police Station Dhuri, District Sangrur, Surinder Singh alias Soni son of Ranjit Singh, resident of Village Jati Majra, Police Station Dhuri, District Sangrur, Mandeep Singh alias Vicky son of Ranjit Singh, resident of Village Daulatpur, Police Station Dhuri, District Sangrur, Manpreet Singh alias Lavi son of Major Singh, resident of Village Bararwaal, Police Station Dhurul, District Sangrur and Amandeep Singh alias Golu son of Gurjeet Singh, resident of Village Ruldu Singh Wala, District Sangrur have been hatching conspiracy at the shops located at Anaj Mandi, Village Dadhera to commit dacoity while being armed with sharp edged weapons, deadly weapons and illegal firearms with an intention to commit Dacoity. I have seen them myself and have heard them personally. That earlier also all of these above used to snatch cash etc. while being armed with sharp edged and deadly weapons. They have committed crimes in the area of Sangrur and Nabha. Some out of them have also been imprisoned in jail in different cases and today also they have been looking to commit some big crime. Earlier also there are F.I.R.s registered against them for robbery and theft. If raid is conducted upon them right now, all of them may be apprehended along with sharp edged and deadly weapons. Information is solid and reliable. Committing this act by the above persons makes out offences under section 399, 402 of I.P.C. and 25-54-59 of Arms Act. Note is sent to the police station Bakshiwala through constable Jashanjeet Number 2333/PTL for registrati

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