Diler Singh Alias Diler Kumar v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 5.5.2022 Diler Singh @ Diler Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Yashveer Kharb, Advocate, for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana, assisted by ASI Rajbir Singh.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No.676, dated 12.10.2021, Police Station Chandni Bagh, District Panipat, under Sections 489-B, 120-B read with Section 34 of IPC. 2.

The allegations are broadly to the effect that a secret information was received by the police on 12.10.2021 to the effect that the petitioner was engaged in business of supplying fake currency notes and that on the given day he was present near Gohana for the purpose of using

- 2 - fake currency notes. Pursuant to receipt of said information, a raid was conducted and the petitioner was caught while in possession of 49 currency notes of denomination of Rs.500/- each, 29 currency notes of denomination of Rs.200/- each and 47 currency notes of the denomination of Rs.100/- each were recovered. 3.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that he has a clean record. It has further been submitted that in any case no offence under Section 489-B IPC would be attracted and at best he may be held liable for having committed an offence under Section 489-C which is a lesser offence.

4.

On the other hand, learned State counsel has submitted that since the petitioner was caught red-handed while in possession of huge number of counterfeit currency notes, no case for grant of bail is made out. It has further been submitted that having regard to the quantity of counterfeit currency notes recovered from the petitioner, it is apparent that he was possessing the same for the purpose of selling the same. Learned State counsel has however, informed that challan already stands presented and that the petitioner otherwise has a clean record.

5.

I have considered rival submissions addressed before this Court. 6.

Without commenting anything as regards the merits of the case, but while noticing that the petitioner has been behind bars for the last about 6 months and otherwise has a clean record and that conclusion of trial is likely to consume time since no PW has been examined till

- 3 - date, further detention of the petitioner is not justified. The petition, as such, is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 5.5.2022 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No