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    CRM-M 52563 2021 31 03 2022 Final Order

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    CESTAT Chandigarh
    1) The petitioner sought bail in a case involving theft of wires and their sale. 2) He had been arrested 8 months and 22 days ago and key witnesses had not been examined yet. 3) While incriminating evidence was found on arrest, the court granted bail on parity with a co-accused and the substantial time already served.

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    CRM-M 52563 2021 31 03 2022 Final Order

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    CESTAT Chandigarh
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    1) The petitioner sought bail in a case involving theft of wires and their sale. 2) He had been arrested 8 months and 22 days ago and key witnesses had not been examined yet. 3) While incriminating evidence was found on arrest, the court granted bail on parity with a co-accused and the substantial time already served.

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    CRM-M_52563_2021_31_03_2022_FINAL_ORDER

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    1) The petitioner sought bail in a case involving theft of wires and their sale. 2) He had been arrested 8 months and 22 days ago and key witnesses had not been examined yet. 3) While incriminating evidence was found on arrest, the court granted bail on parity with a co-accused and the substantial time already served.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    21 views4 pages

    CRM-M 52563 2021 31 03 2022 Final Order

    Uploaded by

    CESTAT Chandigarh
    1) The petitioner sought bail in a case involving theft of wires and their sale. 2) He had been arrested 8 months and 22 days ago and key witnesses had not been examined yet. 3) While incriminating evidence was found on arrest, the court granted bail on parity with a co-accused and the substantial time already served.

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    © All Rights Reserved
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    Neutral Citation No:=2022:PHHC:036079

    In the High Court for the States of Punjab and Haryana


    At Chandigarh

    CRM-M-52563-2021 (O&M)
    Date of Decision:-31.3.2022

    Amandeep Singh … Petitioner

    Versus

    State of Punjab ... Respondent

    CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

    Present:- Mr. Param Preet Singh Brar, Advocate for the petitioner.

    Mr. Luvinder Sofat, AAG, Punjab,


    assisted by ASI Gurmukh Singh.

    *****

    GURVINDER SINGH GILL, J.(Oral)

    1. The petitioner has approached this Court seeking grant of regular bail in

    respect of a case registered vide FIR No.105 dated 5.7.2021 at Police Station

    Jaitu, District Faridkot under Sections 379, 379-B, 411 and 201 of Indian

    Penal Code.

    2. The FIR was lodged on the basis of secret information received by the police

    to the effect that Harjinder Singh @ Chiku, Nirmal Singh @ Nimma and

    Mota son of Jelly had constituted a gang for the purpose of stealing wires

    from the motors installed in the fields and used to sell the wires after stealing

    the same to one Kakki Singh. Pursuant to receipt of aforesaid information

    accused Kakki Singh was arrested on 5.7.2021 and 2½ kilograms of copper

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    Neutral Citation No:=2022:PHHC:036079

    (2) CRM-M-52563-2021 (O&M)

    wire was recovered from him. The police was also able to apprehend

    Harjinder Singh @ Chiku alongwith a motorcycle and 3 kgs. of copper wires.

    During interrogation, Kakki Singh disclosed that after purchasing the copper

    from accused, he used to sell the same to Sanjeev Kumar son of Mohinder

    Singh. Pursuant to disclosure statement of Kakki, Sanjeev Kumar was

    arrested and 50 kgs of copper alongwith one weighing scale was recovered

    from him. Vide DDR No.26 dated 6.7.2021, Amandeep Singh @ Rinku was

    nominated as accused. Accused Balour Singh @ Mota and Amandeep Singh

    @ Rinku were arrested and from their possession one Motorcycle, one gas

    pipe cutter, aluminum cable wire and copper wire were recovered. During

    interrogation, they disclosed that they have stolen wires and copper from

    fields of different villages. On recovery of stolen articles from accused

    persons, offence under Section 411 IPC was added. During interrogation,

    accused Harjinder Singh @ Cheeku, Amandeep Singh @ Rinku and Balour

    Singh @ Mota disclosed that they alongwith Nirmal Singh @ Nimma, while

    going from village Aklian Kalan to village Bishnandi, snatched the ear rings

    of a woman and sold the same to some unknown person for Rs.5000/- and

    also snatched one ear ring of a woman, in the area of Jaitu and sold the same

    for Rs.4000/- and have spent the said amount on intoxicants etc. On the basis

    of said disclosure statement, offence under Section 379-B IPC was added,

    vide DDR No.43 dated 7.7.2021, qua accused Harjinder Singh @ Cheeku,

    Balour Singh @ Mota, Amandeep Singh @ Rinku and Nirmal Singh @

    Nimma. Accused Nirmal Singh @ Nimma was arrested on 12.7.2021 on the

    basis of his disclosure statement, he got recovered 30 feet aluminum wire.

    3. Learned counsel for the petitioner has submitted that the petitioner has

    falsely been implicated in the present case and that, in any case, the petitioner

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    (3) CRM-M-52563-2021 (O&M)

    as on date has been behind bars since the last 8 months and 22 days and since

    conclusion of trial is likely to consume time, he deserves the concession of

    bail. Learned counsel has submitted that since co-accused Balour Singh has

    already been granted bail by this Court vide order dated 15.2.2022 passed in

    CRM-M-5501 of 2022, the petitioner deserves the same concession on

    grounds of parity.

    4. Opposing the petition, learned State counsel has submitted that since the

    petitioner is specifically named in the FIR and that when he was arrested, he

    was found in possession of a gas pipe cutter, aluminum cable wire and

    copper wire and had also disclosed having stolen wires and copper from the

    fields of villagers and a motorcycle as well, no case for grant of bail is made

    out. Learned State counsel has not disputed the fact that the petitioner has

    been behind bars since the last 8 months and 22 days and that the petitioner

    is not involved in any other case. It has been informed that as on date none

    out of the cited 14 PWs has been examined.

    5. I have considered rival submissions addressed before this Court.

    6. It is no doubt correct that the petitioner is named in the FIR and when he was

    arrested recovery of a gas pipe cutter, aluminum cable wire, copper wire and

    a motorcycle is stated to have been effected from the petitioner. However, the

    petitioner as on date has been behind bars for a substantial period of 8

    months and 22 days. Conclusion of trial is likely to consume time as none out

    of the cited 14 PWs has been examined so far. The petitioner otherwise has a

    clean record and is not stated to be involved in any other case.

    7. In view of the aforestated reasons and also on grounds of parity as identically

    situated co-accused namely Balour Singh has already been granted bail, the

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    (4) CRM-M-52563-2021 (O&M)

    petition is accepted and the petitioner is ordered to be released on regular bail

    on his furnishing bail bonds/surety bonds to the satisfaction of learned Trial

    Court/Chief Judicial Magistrate/Duty Magistrate concerned.

    31.3.2022 ( Gurvinder Singh Gill )


    pankaj Judge

    Whether speaking /reasoned Yes / No

    Whether Reportable Yes / No

    Neutral Citation No:=2022:PHHC:036079

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