Aabid Hussain v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.220 Case No. : CRM-M-2432-2023 Date of Decision : February 20, 2023 Aabid Hussain ....

Petitioner vs.

State of Haryana ....

Respondent CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.

* * * Present :

Mr. Anjum Ahmed, Advocate for the petitioner.

Mr. R. S. Nain, DAG, Haryana.

* * * GURBIR SINGH , J. :

This is a petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.185 dated 03.07.2022, under Section 489 IPC, 1860 (Sections 489-B, 489-C, 489-E IPC added later on), registered at Police Station Nuh, District Nuh. Pursuant to the order dated 20.01.2023 passed by this Court, Status Report by way of affidavit of Mamta Kharab, HPS, Deputy Superintendent of Police, Nuh, District Nuh, has been filed on behalf of respondent-State which is ordered to be taken on record. The case in hand was registered on the basis of complaint filed by the Manager of the Bank stating that 20 counterfeit currency notes of Rs.40,000/-, as per details of the numbers given in the complaint, were tendered by the petitioner. After registration of FIR, the petitioner was arrested on 04.07.2022. A list of forged notes was recovered from the possession of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. He had received a sum of

CRM-M-2432-2023 Rs.1,00,000/- as sale proceed. He deposited the same in the Bank. Currency notes worth Rs.40,000/- were found to be fake. The petitioner had also disclosed the source from where he received the said notes. The petitioner has no criminal record. The completion of trial will take a long time. Recovery has already been effected. He is not dealing in counterfeit currency notes. So, he be released on bail.

Learned State Counsel, on the other hand, while opposing the prayer made by learned counsel for the petitioner, states that the petitioner had tendered the counterfeit currency notes in the Bank. However, he does not deny the fact that the petitioner is in custody since 04.07.2022. Heard.

Keeping in view the fact that the petitioner is in custody since 04.07.2022, he is the first offender and the completion of trial is likely to take a long time, no useful purpose would be served by keeping the petitioner behind bars for a long period.

Accordingly, without commenting upon the merits of the case, the present petition is allowed and the petitioner is directed to be released on regular bail, on his furnishing bail bonds/surety bonds, to the satisfaction of learned Trial Court/Duty Magistrate, Nuh.

However, nothing contained herein above shall be construed as an expression of opinion on the merits of the case. February 20, 2023 (GURBIR SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.