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High Court of Punjab and HaryanaCRM-M/8908/2024allowed

Jasbir Singh @ Sameer v. State Of Punjab

2024-04-09Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 09.04.2024 Jasbir Singh @ Sameer ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Bhanu Pratap Singh, Advocate, for the petitioner. Mr. Vinay Kumar Malhotra, DAG, Punjab.

***** FIR NO.

DATE POLICE STATION OFFENCES 01.10.2023 420, 467, 468, 471 IPC Ajnala, District Amritsar GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR. 2.

The case of the prosecution in nutshell is that a secret information was received by the police on 01.10.2023 to the effect that Mandeep Singh, Jatinderpal Singh @ Samar and Jasbir Singh @ Samir (petitioner) had formed a gang to defraud innocent people and that they had made fake IDs on Instagram, wherein they advertised about

- 2 - sale of country-made pistols. It is alleged that after receiving payments in the bank accounts for sale of pistols, they used to block their accounts and have, thus, cheated a large number of persons. Pursuant to receipt of said information, a raid was conducted at the nominated place and all three of them were apprehended. While Mandeep Singh was found in possession of 1 touch phone Redmi and an amount of Rs.10,500/-; Jatinderpal Singh @ Samar was found in possession of 1 touch phone of Apple and an amount of Rs.40,000/- and Jasbir Singh @ Samir was also found in possession of 1 mobile phone Pro Max 12, 1 touch phone MI A2 and an amount of Rs.10,000/-.

3.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and that there is no evidence worth credence to connect him with the alleged fraud. 4.

Opposing the petition, learned State counsel submitted that the petitioner along with co-accused had cleverly destroyed the SIM cards with the help of which they had made fake IDs on Instagram and that since he suffered disclosure statement admitting his guilt, he does not deserve any lenience in the matter of grant of bail. Learned State counsel has, however, informed that as on date the petitioner has been behind bars since the last about 6 months and that the trial is yet to commence. It has however, been informed that the petitioner is not wanted in any other case.

5.

This Court has considered rival submissions.

- 3 - 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 conclusion of trial will consume time inasmuch as trial has not even commenced till date, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 09.04.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No