Sukhmanjit Singh Alias Manni v. State Of Punjab

2023:PHHC:090150 CRM-M-16912-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16912-2023 Date of Decision: 18.07.2023 Sukhmanjit Singh alias Manni ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Ms. Ruby Kaur, Advocate, for the petitioner.

Mr. Jaspal Singh Guru, AAG, Punjab, for the respondent-State.

***** RAJBIR SEHRAWAT, J. (ORAL) The present petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail pending trial in case FIR No.422 dated 17.10.2022 registered under Sections 419, 420, 467, 468, 471, 473, 170, 171 and 120-B of the Indian Penal Code, 1860, at Police Station Division No.7, District Ludhiana. It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner is not involved in the crime as is alleged against him in the present case. Even as per the story of the prosecution, though the petitioner is alleged to have impersonated as a police officer, however, in the present case, there is no allegation of petitioner having undertaken any money transaction to defraud any person.

Although, there are other cases against the petitioner, however, the petitioner is on bail on those cases. In the present case, the VIRENDRA SINGH ADHIKARI 2023.07.

2023:PHHC:090150 CRM-M-16912-2023 -2petitioner is in custody since 17.10.2022. The petitioner is not required for any investigation purposes.

On the other hand, learned counsel for the respondent-State, being instructed by ASI Gurmeet Singh, has submitted that the petitioner is habitual of defrauding the persons by impersonating himself as a police officer. In the present case, on a secret information, raid was conducted. When the petitioner was arrested a uniform, as well as, identity card of Inspector of Punjab Police was recovered from him. The petitioner is habitual of doing this kind of things and he is facing two more cases of the same kind. Hence, the petitioner does not deserve grant of concession of bail pending trial. However, it is not disputed that in the present case, the petitioner is not alleged to have undertaken any money transaction from anybody so as to defraud any person. It is also not disputed that in the present case, the petitioner is in custody since 17.10.2022 and that the petitioner is on bail in all other cases.

In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 18.07.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.07.19 16:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh