M.M. Singh Bedi, J. - (1.) PETITIONER has been in custody w.e.f. January 8, 2011 in a case registered at the instance of Manager of Punjab National Bank alleging that on November 23, 2010, four persons with muffled faces armed with pistol and knife had entered the bank and looted a sum of Rs.15 lacs. It is an admitted fact that the petitioner, on the day of occurrence, was in judicial custody. The allegation against the petitioner is that the dacoity had been committed in the bank in criminal conspiracy with the petitioner. The petitioner is alleged to have made a disclosure statement in judicial custody that he had made a telephone call from his mobile phone to Vijay, Pardeep, Parvesh and another and he had entered into criminal conspiracy to commit the dacoity.
(2.) HEARD . It will be debatable whether the prosecution agency has been able to collect evidence regarding the conspiracy of the petitioner with other co -accused. The petitioner is involved in about 15 criminal cases. His name has been added in the FIR on the allegations of criminal conspiracy. It will certainly be a debatable point that while sitting in the jail, the petitioner had, on telephone, conspired with his co -accused who had committed dacoity in the bank. Irrespective of the fact that the petitioner is in custody in other cases, the petitioner can be granted the concession of bail in this case.
(3.) PETITION is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court.;