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2023 DAILYLAW 5017 (PNJ)

MOHAMMAD REHMAN ALIAS ABDUL REHMAN v. STATE OF PUNJAB

CRM-M/69842/2025 · 2026-03-06

Vinod S Bhardwaj

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Judgment text

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IN THE 110 Mohammad Rehman State of Punjab CORAM : HON'BLE Present :- Mr. Mr. ***** VINOD S. BHARDWAJ The Bharatiya Nagarik petitioner in case 303(3) [Section 2023 at Police Station 2. Briefly statement of a police that the petitioner motorcycles, on Road, Ahmedgarh ruqa was sent to registered. 3. Learned that the FIR in information and recovered. He further or any statement THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-69842 Date of decision: Rehman @ Abdul Rehman VERSUS HON'BLE MR. JUSTICE VINOD . Shahid Anwer Chaudhary, Advocate Mr. Mohit Kapoor, Sr.DAG, Punjab ***** BHARDWAJ, J. (Oral) The instant first petition has been filed Nagarik Suraksha Sanhita, 2023 for case bearing FIR No.45 dated 12.06.2025 317(2) was added later on] of the Station City Ahmedgarh, District Malerkotla. Briefly stated, the FIR in the present police officer who claimed to have petitioner herein, is a habitual offender that particular day, he was standing Ahmedgarh with a stolen motorcycle. On the to the police station, pursuant to Learned counsel appearing on behalf the present case has been registered and purportedly, two stolen splendor further contends that there is no complaint recorded by the police about the PUNJAB & HARYANA CHANDIGARH 69842-2025(O&M) decision: 06.03.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ Advocate for the petitioner. Punjab. filed under Section 483 of the grant of regular bail to the 12.06.2025 registered under Section the Bharatiya Nyaya Sanhita, Malerkotla. present case was registered on the have received secret information offender involved in stealing standing near Paper Mill, Jandali the basis of this information, a to which the present FIR was behalf of the petitioner contends registered on the basis of secret splendor motorcycles had been complaint received by the police owners of the allegedly stolen SUMIT SINGH GUSAIN 2026.03.06 17:21 I attest to the accuracy and integrity of this document 2 110 CRM-M-69842-2025(O&M) splendor motorcycles. He further contends that be that as it may, the petitioner was arrested in the present case on 05.08.2025 and has already undergone an actual custody of more than six months. He submits that the case in hand is triable by a Court of Magistrate and that the investigation in the case is complete. He further submits that there are total 13 witnesses cited by the prosecution out of which none has been examined so far, hence, the conclusion of trial shall take long. 4. Learned State Counsel on the other hand contends that the petitioner is involved in other FIRs as well. He however does not dispute that the present case is triable by the Court of Magistrate and the petitioner has already undergone an actual custody of more than 06 months in the present case. It is also not disputed that there are 13 witnesses to be examined by the prosecution. 5. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition. 6. Taking into consideration the nature of the offence, the arguable issues with respect to the motorcycles being stolen as well as the period of custody already undergone by the petitioner in a magisterial trial, I deem it appropriate to allow the present petition. 7. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned. 8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly. SUMIT SINGH GUSAIN 2026.03.06 17:21 I attest to the accuracy and integrity of this document 3 110 CRM-M-69842-2025(O&M) 9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material. 10. Pending application(s), if any, shall stand disposed of. 06.03.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.03.06 17:21 I attest to the accuracy and integrity of this document