Akash Tejpal vs State Of Punjab on 15 February, 2024

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Punjab-Haryana High Court

Akash Tejpal vs State Of Punjab on 15 February, 2024

                                                         Neutral Citation No:=2024:PHHC:021963




CRM-M-6886-2024                 -1-            2024:PHHC:021963

224         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH


                                               CRM-M-6886-2024
                                               Date of Decision: 15.02.2024

Akash Tejpal                                                         ...Petitioner
                                         vs.
State of Punjab                                                    ...Respondent



Coram :     Hon'ble Mr. Justice N.S.Shekhawat

Present :   Mr. Jagdish Singh Mahal, Advocate
            for the petitioner.

            Mr.M.S.Bajwa, Deputy Advocate General, Punjab.

                  ***

N.S.Shekhawat J. (Oral)

1. The petitioner has filed the instant petition under Section 439 of

the Cr.P.C. with a prayer to grant regular bail in case FIR No.0103 dated

30.04.2023 registered under Sections 379-B, 34 of IPC (Sections 411, 201 of

IPC added later on), at Police Station Maqboolpura, District Police

Commissionerate, Amrtisar.

2. Learned counsel for the petitioner submits that the FIR was

initially registered against unknown persons and there is no averment in the

FIR, which proves the complicity of the petitioner in the crime. He further

contends that later on, the Activa, which was allegedly snatched, was also

recovered from the present petitioner. Learned counsel further contends that the

petitioner was arrested in the present case on 09.06.2023 and is in custody for

the last about 08 months. He further contends that the involvement of the

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petitioner has been shown in four other cases, however, he was involved in

three cases on the same day.

3. On the other hand, learned State counsel has vehemently opposed

the submissions made by learned counsel for the petitioner on the ground that

04 other cases have been registered against the present petitioner and he does

not deserve the concession of bail by this Court.

4. I have heard the learned counsel for the parties and perused the

record.

5. In the present case, the petitioner is in custody for the last 08

months and the challan has already been presented against him. Thus,

conclusion of the trial may take quite a long time. No doubt 04 more cases

have been registered against the present petitioner, but the same does not serve

as a ground to deny the concession of bail to the petitioner in the present case,

especially when he has been able to make out a case for grant of bail in the

present case. Thus, the petitioner can never be confined in jail for an indefinite

period as the Hon’ble Supreme Court in the matter of Prabhakar Tewari Vs.

State of U.P., and another 2020(1) R.C.R. (Criminal) 831 has held that the

pendency of several criminal cases against the accused cannot be the basis to

refuse the prayer of bail. Similar observations have been made by the Hon’ble

Supreme Court in the matter of Maulana Mohd. Amir Rashadi Vs. State of

U.P. and another 2012(1) R.C.R. (Criminal) 586.

6. Without commenting any further on the merits of the case and the

law laid down by the Hon’ble Supreme Court in the matter of Prabhakar

Tewari’s case (Supra) and Maulana Mohd. Amir Rashadi’s case (Supra), the

present petition is allowed and the petitioner is ordered to be released on bail

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subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial

Court/Duty Magistrate/Chief Judicial Magistrate, concerned, subject to the

following conditions:-

(i) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case, so as to dissuade him to disclose such facts to
the Court or to any other authority.

(ii) The petitioner shall remain present before the Court on
the dates fixed for hearing of the case.

(iii) The petitioner shall not absent himself from the Court
proceedings except on the prior permission of the Court
concerned.

(iv) The petitioner shall surrender his passport, if any, (if
already not surrendered), and in case he is not holder of the
same, he shall swear an affidavit to that effect.

(v) The petitioner shall also file his affidavit before the
concerned Court, mentioning his ordinary place of residence
and number of mobile phone, which shall be used by him during
the pendency of the trial. In case of change of place of
residence/mobile number, he shall share the details with the
concerned Court/learned Trial Court.

(vi) In case, the petitioner involves in any other criminal
activity, during the pendency of the trial, it shall be viewed
seriously.

(vii) The concerned Court may insist on two heavy local
sureties and may also impose any other condition, in
accordance with law, while accepting the bails bonds and surety
bonds of the petitioner.

(viii) The petitioner shall report every 1st and 3rd Monday in
English calander month before the concerned SHO till the
conclusion of the trial and SHO shall mark his presence by
making an entry in the rojnamcha. In case, he does not report
on every 1st and 3rd Monday before the concerned SHO, it shall
be viewed seriously and the concession granted to him shall be
liable to be cancelled and the State of Punjab shall be at liberty
to move an appropriate application in this regard.

(N.S.SHEKHAWAT)
15.02.2024. JUDGE
hemlata

Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

Neutral Citation No:=2024:PHHC:021963

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