Suraj Parkash v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- April 19, 2021 Suraj Parkash

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Dilpreet Singh Gandhi, Advocate for the petitioner. Mr. J.S. Ghuman, DAG, Punjab.

*** The case has been taken up through Video Conferencing. Custody certificate filed by the State counsel be taken on record.

This petition for regular bail has been filed by petitioner Suraj Parkash son of Rajwinder Singh, aged 25 years, resident of House No. 316, Ward No. 6, Baba Jawand Singh Colony, Raja Sansi, Amritsar, an accused in FIR No.44 dated 25.11.2020, for offences under Sections 420, 467, 468, 471 and 120-B IPC, registered with Police Station Airport, District Police Commissionerate Amritsar.

Briefly stated the facts of the case as per prosecution story are that, on 25.11.2020 at about 1.35 PM, accused Bikramjit Singh, while riding a motorcycle on being checked by CISF duty personnel at Welcome Gate naka of Amritsar Airport was found to carry an identity card of Area Traffic Control (Driver A Wing) which on being examined was found to be fake.

On being questioned, Bikramjit Singh stated that he had got that Card prepared from the present petitioner Suraj Parkash. In that way, Suraj Parkash was nominated as an accused in this case. He was arrested on 26.11.2020.

The petitioner had filed an application for grant of regular bail before the Court of Sessions at Amritsar, but was unsuccessful, as such he has knocked at the door of this Court craving for grant of similar relief by way of filing the present petition, notice of which has been given to the State.

I have heard learned counsel for the petitioner and learned State counsel besides going through the record.

Learned counsel for the petitioner has contended that the main accused Bikramjit Singh who was arrested from the spot and who was using the Identity Card has since been granted regular bail by this Court vide order dated 31.3.2021 passed in CRM-M-4007-2021 (O&M) and further no recovery has been effected from the petitioner; the conclusion of trial is likely to take considerable time; the petitioner does not have any past criminal record, therefore, he be granted concession of regular bail. Learned State counsel on instructions from ASI Satnam Singh has conceded the fact that petitioner is not involved in any other criminal case.

Keeping in view the totality of the circumstances, I find that the petition deserves to be accepted and it is hereby allowed. Petitioner Suraj Parkash is ordered to be released on bail on his furnishing bail bond and surety bond to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Amritsar subject to the following conditions :-

(i) he shall appear in the Court on each and every date of hearing.

(ii) he shall not give any threat or intimidation to the prosecution witnesses.

(iii) he shall not leave India without prior permission of the Court and shall surrender his Passport, if he has got one, otherwise to furnish affidavit in that regard.

(iv) he shall not indulge in any criminal activity. In case the petitioner violates any term and condition on which the bail has been granted to him, the prosecution would be entitled to apply for cancellation of bail.

(H.S. MADAAN) JUDGE April 19, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No