High Court of Punjab and HaryanaCRM-M/19508/2018allowed

Hawaldar Nishan Singh v. State Of Punjab

2018-05-14Mr. Justice Augustine George Masih2 pages

CRM-M-19508 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-19508 of 2018 Date of Decision: 14.05.2018 Hawaldar Nishan Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. D.S. Pheruman, Advocate for the petitioner.

Mr. Amandeep Singh Gill, Sr. DAG, Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.5 dated 07.03.2018 registered for offences punishable under Sections 7 and 13 (2) of Prevention of Corruption Act, 1988, at Police Station Vigilance Bureau Amritsar, District Amritsar. Heard.

As per case of prosecution, the petitioner was arrested on 07.03.2018 while accepting bribe of `20,000/-. Tainted currency notes were recovered from his possession.

Learned State counsel submits that after completion of investigation challan has already been presented in Court but sanction for prosecution of petitioner is still awaited.

In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Hawaldar Jitender Kumar 2018.05.14 17:00 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-19508 of 2018 -2Nishan Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

May 14, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2018.05.14 17:00 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH