Rulda Singh v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 1.4.2022 Rulda Singh Chauhan .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sanyam Bhardwaj, Advocate, for the petitioner. Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Harnek 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.154, dated 1.8.2019, Polie Station Dehlon, District Police Commissionerate, Ludhiana, under Section 420 IPC wherein the allegations are broadly to the effect that he had cheated the complainant of an amount of Rs.3 lakhs on the pretext of getting the complainant employed in some Government Department.

2.

Learned counsel for the petitioner submits that the he has falsely been implicated in the present case and that in any case in order to show his bonafides the petitioner is willing to deposit an amount of Rs.3 lakhs in the trial Court.

- 2 - 3.

Opposing the petition, learned State counsel has submitted that since the petitioner happens to be involved in two more identical cases although he stands acquitted in one of the said two cases, no case for grant of bail is made out. Learned State counsel has however, informed that the petitioner has been behind bars since the last about 4 months and that challan already stands presented. 4.

I have considered rival submissions addressed before this Court. 5.

Without commenting anything as regards the merits of the case, but while bearing in mind that the petitioner has been behind bars for about 4 months and has made an offer to deposit the amount stated to have been taken from the complainant, the petition 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. 6.

The aforesaid order is subject to the condition that the petitioner deposits an amount of Rs.3 lakhs before the trial Court within two weeks from today.

7.

Upon such amount being deposited, the trial Court/Illaqa Magistrate shall get the same invested in some FDR in some nationalized bank with a specific direction to the Bank Manager concerned not to entertain any request for encashment except under an order of the Court. In case, the petitioner is found innocent and is acquitted and such acquittal attain finality, he shall be entitled to the proceeds of the FDRs. However, in case he is found guilty and his conviction

- 3 - attains finality, it is the complainant who shall be entitled to the proceeds of such FDRs.

1.4.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No