In CRM-M No.25591 of 2022 (O&M)-PUNJ HC- P&H HC grants regular bail to two men accused of gold snatching after considering period of their incarceration and stage of trial Justice Arvind Singh Sangwan [04-07-2022]

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Read Order: Vikas Kumar @ Vikas Shooter v. State of Punjab and Another

Monika Rahar

Chandigarh, July 6,2022: The High Court of Punjab and Haryana has recently granted regular bail to the petitioners who were arraigned as accused in a gold snatching case based on the disclosure statement of their co-accused.

The Bench of Justice Arvind Singh Sangwan granted the above-stated relief considering the fact that the petitioners were in custody for more than six months, the investigation was already complete and the charge sheet was also filed. 

Prayer in both these petitions was for the grant of regular bail to the petitioners under Section 439 of the Code of Criminal Procedure in an FIR registered for the offences punishable under Sections 379-B, 34 of the Indian Penal Code, 1860.

It was alleged by the complainant in the FIR that when his wife was sitting near the door of their house, two persons who came on a motorcycle and started a conversation with her on the pretext of inquiring about her husband, snatched her gold chain and ran away. 

On personal enquiry, the complainant suspected that one Binni son of Purshottam committed the crime. It was further submitted that later on, Binni was arrested and on his disclosure statement, both the present petitioners were nominated in the case. 

It was contended by the petitioners’ counsel that after their arrest, nothing incriminating was recovered from them and that one of the petitioners was in custody for the last seven months and two days whereas the other petitioner was in custody for the last six months and the investigation was complete and also the charge-sheet was presented and the trail is likely to take some time to get completed. 

Without commenting anything on the merits of the case and considering the facts that one petitioner was in custody for more than seven months while the other was in custody for more than six months; the investigation was complete; the charge sheet was presented; the custodial interrogation of the petitioners was not required; the petitioners were nominated in the case on the basis of the disclosure statement of one of the co-accused, which was yet to be proved; nothing incriminating was recovered from the petitioners to corroborate the disclosure statement of the co-accused and the conclusion of the trial will take some time, both these petitions were allowed.

The petitioners were directed to be released on bail subject to their furnishing bail/surety bonds to the satisfaction of the Trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioners, in case they are found involved in any other case or misusing the concession of bail, in any manner”, held Justice Sangwan. 

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