Bhupinder Singh v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DATE OF DECISION :- September 15, 2021 Bhupinder Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Ajay Arora, Advocate for the petitioner.
Ms. Bhavna Gupta, DAG, Punjab.
*** The case has been taken up through Video Conferencing. This petition for regular bail has been filed by petitioner Bhupinder Singh, aged about 26 years, son of Rachpal Singh, resident of Guru Nanak Nagar, Near Chungitajpur Road, District Ludhiana, an accused in F.I.R. No.97 dated 29.5.2020 registered with Police Station Jodhewal, for offences under Sections 489-A,B,C,D,E IPC.
In nutshell facts of the case as per prosecution story are that on 29.5.2020, a police party while on patrol duty had been present near Jodha Chonwnki received a secret information that Bhupinder Singh (present petitioner) son of Rashpal Singh, Gurdev Singh son of Karnail Singh, resident of Bhammi Khurd, Ludhiana , Amar Singh son of Nahar Singh, resident of Village Kakowal, Ludhiana besides Tejinder Singh @ Bawa son of Avtar Singh, resident of Village Kakka, Ludhiana were engaged in printing of counterfeit Indian currency notes and they had been using computer along with accessories for that purpose and they were roaming about near area of Rahon road Janata Colony for the purpose of using such fake currency notes as genuine. Accordingly, finding information to be
liable, commission of offences under Sections 489-A,B,C,D,E of IPC, ruqa was sent to Police Station Jodhewal, Ludhiana by SI Daljit Singh, Incharge of Police Party on the basis of which formal F.I.R was registered. Petitioner accused Bhupinder Singh was arrested. From possession of Amar Singh, 12 counterfeit Indian currency notes were recovered. On the basis of disclosure statement suffered by co-accused of petitioner Printer, Scanner and material used for printing fake currency notes were recovered from co-accused Tajinder Singh. The charge has been framed against the accused on 10.8.2021. The next date of hearing in the trial Court is 27.9.2021, however, no PW has been recorded so far. The petitioner had approached the Court of Sessions at Ludhiana seeking regular bail but was unsuccessful.
He had come to this Court on two occasions earlier craving for grant of similar relief but that was declined to him. He has knocked at the door of this Court praying for grant of regular bail by way of filing the present petition, which is third one. The request is being opposed by the State counsel.
I have heard learned counsel for the petitioner and learned State counsel besides going through the record.
The petitioner is in custody since 29.5.2020 i.e for a period of more than 1 year 3 months. Although on completion of investigation challan has been filed against him and his co-accused but the trial is at the final stage, in as much as the charge was framed on 10.8.2021. The conclusion of trial is likely to take some time more particularly when the working in the Courts have been adversely effected on account of outbreak of Covid-19 pandemic. As per the custody certificate placed on record, the petitioner is not shown to be involved in any other criminal case. Co-accused of the petitioner namely Amar Singh has since been granted regular bail by this Court in CRM-M-27943 of 2020 decided on 23.2.2021 (Annexure P-7). The guilt of the accused shall be determined during the trial, the conclusion of which is likely to take some time, as such I find it proper and
appropriate to grant benefit of regular bail to the petitioner. Accordingly, the petition is accepted and it is hereby allowed. Petitioner Bhupinder Singh 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, Ludhiana 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. (v) he shall join the investigation as and when directed by the Investigating Officer.
(vi) he shall got his presence marked in the local police station on every Saturday of the week between 11.00 A.M. to 2.00 P.M. so that an eye can be kept on his movements and he is deterred from indulging 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 September 15, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No