High Court of Punjab and HaryanaCRM-M/15609/2018allowed

Narayan Singh Negi v. State Of Punjab

2018-04-24Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.15609 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.15609 of 2018 Decided on: 24.04.2018 Narayan Singh Negi ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. M.S. Rana, Advocate for Mr. Om Pal Sharma, Advocate for the petitioner.

Ms. Samina Dhir, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.131 dated 08.10.2016, for offence punishable under Section 420 of the Indian Penal Code (in short 'IPC'), registered at Police Station Sadar Kurali, District S.A.S. Nagar, Mohali. Counsel for the petitioner has submitted that the petitioner is in judicial lock up since 05.01.2018, the investigation is complete and the case is now fixed for prosecution evidence. It is further submitted that as per the allegation in the FIR, the sale deed was executed in favour of the complainant in the year 2012 whereas the FIR was registered in the year 2018. Counsel for the petitioner has also submitted that conclusion of the trial is likely to take some time and the offences are triable by the Court of Magistrate. Counsel for the State, on instructions from ASI Sulakhan Singh, has not disputed the factual position but opposed the prayer for Mohd. Yakub 2018.04.24 18:46 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.15609 of 2018 bail.

Without commenting anything on merits of the case and considering the fact that the offences are triable by the Court of Magistrate; the investigation is complete; conclusion of the trial is likely to take some time and also in view of the fact that the FIR has been registered after a long lapse of time, this petition is allowed and the petitioner is ordered to be released on bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 24.04.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.04.24 18:46 I attest to the accuracy and authenticity of this document Chandigarh