Jatinderpal Singh And Another v. State Of Punjab

2024:PHHC:031647

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 05.03.2024 Jatinderpal Singh & another

...Petitioners

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Ms. Gurpreet Kaur, Advocate, for the petitioners. Mr. Vinay Kumar Malhotra, DAG, Punjab.

FIR No.

Dated Police Station Section/s 01.10.2023 Ajnala, District Amritsar 420, 467, 468, 471 IPC GURVINDER SINGH GILL, J. (Oral) 1.

The petitioners seek 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 (petitioner No.2), Jatinderpal Singh @ Samar (petitioner No.1) and Jasbir Singh @ Samir had formed a gang to defraud innocent people and that they had made fake IDs on Instagram, wherein they advertised about 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

-2information, 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 petitioners has submitted that the petitioners have been falsely implicated in the present case and that there is no evidence worth credence to connect them with the alleged fraud. 4.

Opposing the petition, learned State counsel submitted that the petitioners had cleverly destroyed the SIM cards with the help of which they had made fake IDs on Instagram and that since they suffered disclosure statements admitting their guilt, they do not deserve any lenience in the matter of grant of bail. Learned State counsel has, however, informed that as on date the petitioners have been behind bars since the last about 5 months and that the trial is yet to commence. It has also been informed that while Mandeep Singh stands involved in 1 more case, Jatinderpal Singh stands involved in 2 more cases.

5.

This Court has considered rival submissions.

6.

Without commenting anything as regards the merits of the case, but while noticing that the petitioners have been behind bars for the last about 5 months and conclusion of trial will consume time inasmuch as trial has not even commenced till date, further detention of the petitioners will not

-3serve any useful purpose. The petition, as such, is accepted and the petitioners are ordered to be released on regular bail on their furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 05.03.2024 (GURVINDER SINGH GILL) Vimal JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No