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2025 DAILYLAW 4079 (PNJ)

JINNAT SHEKH ALIAS SHAFIJUL v. STATE OF PUNJAB

CRM-M/68808/2025 · 2026-02-16

Manisha Batra

body2025

Judgment text

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CRM-M-68808- IN THE H (243) JINNAT SHEKH STATE OF PUNJ CORAM: HON Present: Mr. A Mr. R MANISHA BATR 1. The 483 of Bharatiya N of regular bail in under Sections 30 “BNS”) (Section 3 District Ludhiana. 2. The statement recorded therein that he wa shop therein, wher brought gold jew designing. On 06. another jeweler f -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH EKH @ SHAFIJUL Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Mr. Ashish Nagar, Advocate for the p Mr. Roshandeep Singh, AAG, Punjab ****  BATRA, J. (ORAL) The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 in case arising out of FIR No.002 ons 305 and 331(3) of Bharatiya Ny ction 317(2) of BNS added later on) at hiana. The aforementioned FIR was reg corded by complainant S.K. Nasim U he was running a jewellery business , where around 15 workers were emp ld jewelleries of 200 grams from On 06.04.2025, his brother had also br eler for designing purposes. The JAB AND HARYANA AT ARH CRM-M-68808-2025 (O&M) Date of decision : 16.02.2026 ... Petitioner ...Respondent ANISHA BATRA  r the petitioner Punjab by the petitioner under Section , 2023 (for short “BNSS”) for grant 0024 dated 09.04.2025 registered iya Nyaya Sanhita, 2023 (for short on) at Police Station Division No.4, s registered on the basis of the asim Uddin on 09.04.2025 alleging iness at Ludhiana and was having a e employed. On 05.04.2025, he had from Sirhind for the purpose of also brought 300 grams of gold from The complainant alleged that on M) 2026 ction grant tered short o.4, the ging ing a had e of from t on AMIT SHARMA 2026.02.17 13:53 I attest to the accuracy and integrity of this order/judgment. CRM-M-68808- 6.04.2025, one per He told the comp crafting jewellery them and crafted 8/9.04.2025, by st This fact was conf By alleging that th shop, the complain 3. After During investigati with the name of complainant. He w investigation of arrested on 11.1 involvement in th been sold by him Rijul Islam Khan arrested on 27.10 grams of gold orn now stands compl commission of afo 4. It is falsely implicated is not required for -2025 (O&M) 2 ne person came to their shop and intro complainant that he had come from ellery as called by them. He stayed a crafted the jewelleries. However, , by stealing gold jewlleries weighing s confirmed by them after watching t that the above said S.K. Rajesh had st mplainant prayed for taking action in t After registration of FIR, investigatio stigation it was revealed that the petiti me of S.K. Rajesh had stolen the je t. He was taken into custody in some n of this case by way of securing p 11.10.2025. He suffered disclos t in the crime and disclosed that 300 y him to one Ziyaul Haque Halder @ B Khandkar. The co-accused Ziyaul 27.10.2025. Recovery of 1717 gram ld ornaments and Rs.26,730/- was eff completed and the petitioner alognwit of aforementioned offences. It is argued by learned counsel for t icated in this case. A false recovery h for further investigation. The trial introduced himself as S.K. Rajesh. e from Kolkata for the purpose of tayed at their shop and worked with ever, in the intervening night of ighing 500 grams, he left their shop. hing the CCTV footage of the shop. had stolen gold jewelleries from his on in the matter. stigation proceedings were initiated. petitioner by impersonating himself the jewellery from the shop of the some other case and was joined into ring production warrants. He was disclosure statement admitting his at 300 grams out of stolen gold had er @ Bapi and 100 grams of gold to Ziyaul Haque Halder @ Bapi was 7 grams of gold silver mixture, 29 as effected from him. Investigation gnwith co-accused is facing trial for l for the petitioner that he has been very has been planted upon him. He e trial will take considerable time to jesh. se of with t of hop. hop. his . self f the into was his had ld to was e, 29 ation l for been . He e to AMIT SHARMA 2026.02.17 13:53 I attest to the accuracy and integrity of this order/judgment. CRM-M-68808- conclude. His inv for denying bene Magistrate. The t Navnath Tanhaji M parity, he too dese that the petition de 5. Status counsel has argue against him are s extended benefit deserve to be allow 6. This C at considerable len 7. The p gold ornaments fr the complainant b that he had come jewellery. He is i been booked are considerable time against the petitio well settled propo Pre-trial incarcera -2025 (O&M) 3 involvement in another case canno benefit of bail to him. The sub The trial will take considerable time nhaji Misal @ Rotan has already been o deserves to be extended the same b tion deserves to be allowed. Status report and custody certificate h argued that the petition is a habitu are serious in nature. There are c enefit of bail. It is, therefore, argu e allowed. This Court has heard the rival submis ble length. The petitioner is alleged to have sto ents from the shop of the complainant nant by impersonating himself as one come from Kolkata for doing the w He is in custody since 11.10.2025. T ed are triable by Magistrate. Th e time to conclude since even charg petitioner. . The subject offences a proposition of law is that bail is the ceration should not be replica of po cannot be considered to be a reason he subject offences are triable by e time to conclude. The co-accused y been extended benefit of bail. On ame benefit. It is, therefore, argued icate have been filed. Learned State habitual offender. The allegations are chances of his absconding, if , argued that the petition does not ubmissions made by both the parties ve stolen 500 grams of unfurnished lainant. He had come to the shop of as one S.K. Rajesh and represented the work of craftsmanship on the 25. The offences for which he has . The trial will obviously take charges have not been framed as nces are triable by Magistrate. The is the rule and jail is an exception. of post-conviction sentencing. The ason e by used . On gued State tions g, if not rties shed op of nted the e has e d as The tion. The AMIT SHARMA 2026.02.17 13:53 I attest to the accuracy and integrity of this order/judgment. CRM-M-68808- object of the jail is be preventive or p the continued dete Accordingly, the p to bail subject to sureties to the Magistrate/Duty M (i) ind fac ma (ii) circ (iii of h (iv) wel sha IO/ (v) pho pho -2025 (O&M) 4 jail is to secure appearance of the acc e or punitive. As such this Court is d detention of the petitioner would n , the petition is allowed and the petiti ect to his furnishing personal and sure the satisfaction of the learned uty Magistrate concerned and on the (i) The petitioner shall not d inducement, threat or promise to a facts of the case or tamper with th manner whatsoever. (ii) The petitioner shall not circumstance without permission of (iii) The petitioner shall appe of hearing. (iv) The petitioner shall prov well as the address where he woul shall not change the same witho IO/SHO. (v) The petitioner shall upo phone number to concerned IO/SH phone switched at all times. he accused during trial, and it cannot urt is of the considered opinion that ould not serve any fruitful purpose. petitioner is ordered to be admitted nd surety bonds to the extent of 02 earned trial Court/Chief Judicial n the following conditions:- ll not directly or indirectly make any se to any person acquainted with the with the evidence of the case in any all not leave the country under any sion of the learned trial Court. ll appear before each and every date ll provide his permanent address as would be residing after release and without informing the concerned ll upon his release give his mobile IO/SHO and shall keep his mobile nnot that pose. itted f 02 icial any h the any any date ss as and rned obile obile AMIT SHARMA 2026.02.17 13:53 I attest to the accuracy and integrity of this order/judgment. CRM-M-68808- (vi) furn cha (vii Lud rec doe the the ord 8. In the petitioner, it shall application seekin 9. It is, be construed as an and shall not influ 10. Since any, is rendered in  16.02.2026 Amit Sharma   -2025 (O&M) 5 (vi) The petitioner shall su furnish details of his cell phone an change his mobile number(s) durin (vii) The petitioner shall visit Ludhiana on 1st Monday of ever record his presence before the co does not appear before the concern the Trial Magistrate who will be a the petitioner. The concerned SHO order thorugh learned State counsel In the event of there being any FIR t shall be open to the respondent to seeking cancellation of bail. It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes    all surrender his passport, if any, one and Aadhar card, and shall not during the pendency of the trial. ll visit the Police Station Div. No.4, f every alternate month and shall the concerned SHO and in case he ncerned SHO, the latter shall inform ill be at liberty to cancel the bail of d SHO shall be intimated about this ounsel. y FIR/complaint lodged against the dent to seek redressal by filing an e observations made above shall not this Court on the merits of the case ial in any manner. een allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No  any, l not o.4, shall e he form il of t this t the g an l not case n, if AMIT SHARMA 2026.02.17 13:53 I attest to the accuracy and integrity of this order/judgment.