Gurwinder Singh v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-22864 of 2016 (O&M) .....

Date of decision:26.8.2016 Gurwinder Singh

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. A.G.S. Dhillon, Advocate for the petitioner. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.0070 dated 17.3.2016 (AnnexureP.1) registered at Police Station Tripari, District Patiala for the offence under Section 420 IPC.

Notice of motion has been issued in this case. Ms. Shivali, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab appearing for the respondentState and have gone through the record. As per the FIR, the present petitioner along with other accused have cheated the complainant for `20 Lacs in the name of sending abroad to Harpal Singh Parmar 2016.08.27 16:20 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-22864 of 2016 (O&M) [2] Australia.

Learned counsel for the petitioner argued that actually there was a dispute between the father of the complainant, namely, Narinder Singh and mother of the present petitioner regarding agreement to sell and a civil suit is already pending which was filed by the father of the complainant against the mother of the petitioner and this FIR has been recorded falsely.

The present petitioner has been in custody since 26.4.2016. The petitioner is not required for interrogation or investigation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case.

Therefore, keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.

August 26, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2016.08.27 16:20 I attest to the accuracy and authenticity of this document Chandigarh