← Library
High Court of Punjab and HaryanaCRM-M/4089/2020allowed

Gulshan Kumar v. State Of Punjab

2020-02-14Mr. Justice Harnaresh Singh Gill3 pages

-1In the High Court of Punjab and Haryana at Chandigarh Date of Decision: 14.2.2020 Gulshan Kumar ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Sandeep Arora, Advocate for the petitioner. Mr. Dhruv Dayal, Sr. DAG, Punjab.

Mr. G.S.Rawat, Advocate for the complainant.

**** HARNARESH SINGH GILL , J. (ORAL) The petitioner seeks regular bail in FIR No. 167 dated 14.12.2019 under Sections 420, 406, 467, 468, 471, 120-B IPC and Sections 4 and 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (for short 'Act) registered at Police Station Basti Bawa Khel, District Jalandhar.

Learned counsel for the petitioner submits that a compromise has been effected between the parties. So far as other cases are concerned, learned counsel submits that the petitioner has been acquitted in case FIR No. 42 dated 1.9.2015 under Sections 420, 406, 467, 468, 471 and 120-B IPC and Sections 4 and 5 of the Act, registered at Police Station Sehna, District Barnala, FIR No. 255 dated 7.9.2015 under Sections 406, 420, 467, 468, 471, 120-B IPC and Sections 4 and 5 of of the Act, registered at Police Station City Barnala and FIR No. 107 dated 4.11.2015 under Sections 406, 420 IPC registered at Police Station City-I, Malerkotla whereas he has been convicted and sentenced for a period of three years in FIR No. 84 dated

-29.9.2015 under Sections 406, 420, 467, 468, 471, 120-B IPC and Sections 4 and 5 of the Act, registered at Police Station Tapa. Learned counsel further submits that it has been pointed out that the other complainants namely Dinesh Kumar, Jaswinder Kaur, Parvati Devi, Rajiv Jain and Sushma Rani, who had invested through Davinder Kumar, have now settled the matter with petitioner Gulshan Kumar and others.

Learned counsel for the complainant submits that the complainant has settled the dispute with the petitioner as the petitioner has transferred a house in the name of Sushma Rani, who is the sister of complainant-Davinder Kumar.

Complainant-Davinder Kumar is present in Court and has been identified by his counsel. Learned counsel for the complainant is also representing Raj Kumar, one of the complainant, who is the cousin brother of the complainant.

Learned State counsel, on instructions from ASI Raghuvir Singh, submits that in the present case, the petitioner was arrested on 22.12.2019. He further submits that co-accused Jagjeet Singh has been declared proclaimed offender in other cases.

The matter has been compromised between the parties. The affidavits of the complainants have also been placed on record. The trial will take time to conclude. No useful purpose would be served by keeping the petitioner behind the bars.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his

-3furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE February 14, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No