JUDGMENT :

Sandeep Moudgil, J. (Oral) -

1. Relief Sought

This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No. 131 dated 5.10.2023, (Annexure P-1) under sections 380, 457, 148, 149, 411 IPC of 1860, registered at P.S. Kartarpur District Jalandhar.

2. Prosecution story set up in the present case as per the version in the FIR reads as under:

'Statement of Deepak Kumar son of Purshotam Lal, r/o H. No.3153, Baniya Mohalla, Kartarpur Jalandhar Rural aged 60 years. Mobile NO.98724-00857, 98724-00997. Stated that I am resident of above noted address and is having the showroom for the past 20 years Raur, Company distribute products at Baradari Bazaar, Kartarpur and of Post office L. G. and Oriental alongwith and this Oriental District I also Company Hoshiarpur, LG to Kapurthala, Nawanshahar, Jalandhar and for that I have made a godown in 2% kanals land on Kishangarh road in between Bajaj Hospital and Petrol pump Kartarpur where I supply the products of L.G. and oriental company to Kapurthala, Nawanshahar and Jalandhar and Hoshiarpur, I have kept migrant labourers from U.P. in the godown. They last night at about 3.00 a.m. told me at my house at Bania Mohalla, Kartarpur that some unidentified persons with muffled faces tied us with the chairs and have stolen the articles from the godown. That we with great difficulty opened the door by pushing the same, I at once went to the godown then saw that the locks on the shutter and the locks on the gate were cut with a cutter, I checked the cameras of the godown and then I saw that about 1 a.m. some unidentified persons had scaled over the walls of the godown who were 8 to 10 numbers and then tied the immigrant labourers and then cut the locks with the cutters and took the articles form the godown and loaded them on a 10 tyres trolla which included the fridge of LGCompany, AC, LED and other articles worth lakhs which was stolen by those unidentified persons. I have been checking till now and the entire incident is captured in the cameras of the godown. I have recorded correct. Action same statement, my be taken, sd/- is Deepak Kumar above said Attested by Bodh Raj, PS. Kartarpur, Dated 5.10.2023.

3. Contentions

On behalf of the petitioner

Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He submits that as per the allegations all the accused persons came with muffled faces, therefore, the identification of the petitioner is also debatable and the present petitioner has been implicated merely on circumstantial evidence, at the instance of the complainant. He further submits that investigation in this case is compeleted as challan was presened on 09.12.2023, charges framed on 14.06.2024 and out of total 17 cited witnesses by the prosecution, none has been examined till date. It is his further submission that recovery of the alleged stolen goods have already been effected, therefore, no fruit ful purpose would be served by keeping the petitioner behind the bars as no further recovery is to be made from the petitioner, therefore, prays for grant of regular bail to the petitioner.

On behalf of the State

On the other hand, learned State Counsel appearing on advance notice, accepts notice on behalf of respondent-State and has filed the custody certificate of the petitioner, which is taken on record. According to which, the petitioner is behind bars for 1 year, 2 months and 20 days.

Learned State Counsel on instructions from the Investigating Officer opposes the prayer for grant of regular bail stating that petitioner is involved in one more FIR No. 214 dated 10.11.2018 registered under Sections 392/201 IPC at P.S. Malout City, meaning thereby he is an habitual offender but is not in a position to controvert the submissions made by learned counsel for the petitioner.

4. Analysis

Be that as it may, from the above discussion, it can be culled out that the petitioner has already suffered sufficient