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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajbir Sehrawat, J.
Ravinder Singh - Petitioner - Appellant
Versus
State of Punjab and another - Respondents - Respondent
CRM-M No.43719 of 2023 (O&M)
Decided On : 24-11-2023
Bail - Criminal Law - The court granted bail to the petitioner under Section 439 Cr.P.C for a case involving abduction and theft, considering the lack of harm caused to the complainant and the petitioner's custody since the date of the incident.
Fact of the Case:
The petitioner filed a petition for bail pending trial in a case involving abduction and theft. The petitioner claimed innocence and argued that the case against him was fabricated.
Finding of the Court:
The court allowed the petition and ordered the petitioner to be released on bail pending trial, considering the lack of harm caused to the complainant and the petitioner's custody since the date of the incident.
Issues: The issues involved the petitioner's alleged involvement in the abduction and theft case, the lack of harm caused to the complainant, and the petitioner's custody since the date of the incident.
Ratio Decidendi: The court considered the lack of harm caused to the complainant and the petitioner's custody since the date of the incident as key factors in granting bail.
Final Decision: The court allowed the petition and ordered the petitioner to be released on bail pending trial.
RAJBIR SEHRAWAT, J.
1. The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.138 dated 27.05.2023 registered under Sections 379-B(2), 365, 506 and 34 of IPC at Police Station Sahnewal, District Ludhiana.
2. Custody certificate of the petitioner filed by learned State counsel today in the court is taken on record.
3. It is submitted by the counsel for the petitioner that the case against the petitioner is totally concocted and fabricated. The petitioner is not involved in the crime at all. Even as per the story of the prosecution, the petitioner is alleged to have abducted the complainant and snatched Rs.2000/- from him. However, it is not even the allegation that the complainant was harmed in any manner. In the name of recovery of money, the police have taken away Rs.500/- from the house of the petitioner. The investigation of the case is over. The petitioner is not required for any investigation purposes. The petitioner is in custody since 29.05.2023. Therefore, the petitioner deserves to be released on bail pending trial.
4. On the other hand, learned State Counsel, on instructions from HC Beant Singh, has submitted that the petitioner had committed heinous crime of abduction of the complainant and snatched an amount of Rs.2000/- from him. There are several other cases against the petitioner, including the cases under the NDPS Act. However, it is not disputed by learned State counsel that in the present case there was no harm caused to the complainant and that an amount of Rs.500/- was also recovered by the police. It is also not disputed that the petitioner is the petitioner is in custody since 29.05.2023.
5. In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.
Petition allowed.
The court considered the lack of harm caused to the complainant and the petitioner's custody since the date of the incident as key factors in granting bail.
The lack of recovery from the petitioner and his previous acquittals in similar cases can be considered as grounds for granting bail pending trial.
The court considered the lack of support from key witnesses, the petitioner's extended custody, and the absence of other cases against the petitioner in granting bail pending trial.
In light of chargesheet findings, bail is granted due to lack of corroborative evidence against the petitioners.
Bail granted based on the petitioner’s antecedent and the nature of accusations.
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