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High Court of Punjab and HaryanaCRM-M/22157/2018allowed

Amardeep Singh @ Fateh v. State Of Punjab

2018-06-01Mr. Justice Augustine George Masih2 pages

CRM-M-22157 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-22157 of 2018 Date of Decision: 01.06.2018 Amardeep Singh @ Fateh ....Petitioner

VERSUS

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

Present:

Mr. P.S. Hundal, Sr. Advocate with Ms. Taruna Jagpal, 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.136 dated 06.04.2018 registered for offences punishable under Sections 8 and 9 of Prevention of Corruption Act, at Police Station Shimlapuri, District Ludhiana.

Heard.

As per allegations in the FIR, shop no. 37 allotted to complainant by Municipal Corporation, Ludhiana, was got allotted by Ravinder Kumar son of Suraj Bhan by forging signatures of complainant and matter was reported to police, however, the complaint was filed without enquiry. Complainant again represented to ADGP (Law & Order), Punjab, Chandigarh. The petitioner, who is a press reporter represented to him that he has relations with higher police officers and offered to help him for an amount of `2 lakhs. Bargain was settled for `1.5 lakh and this amount was Jitender Kumar 2018.06.01 16:59 I attest to the accuracy and authenticity of this document High Court, Chandigarh paid to him in September/October, 2017. Later on Manpreet Kaur wife of

CRM-M-22157 of 2018 -2Davinder Singh gave two cheques towards security of this amount to complainant.

Learned State counsel submits that after arrest of petitioner on 06.04.2018, amount of `1.5 lakh has been recovered from him and the mater is still under investigation.

Keeping in view the nature of allegations against the petitioner; period of his incarceration; the fact that completion of investigation, presentation of challan and then conclusion of trial will take considerably long time, but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner-Amardeep Singh @ Fateh 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.

June 01, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2018.06.01 16:59 I attest to the accuracy and authenticity of this document High Court, Chandigarh