Balwinder Singh v. State Of Punjab

CRM-M No.15492 of 2024 2024:PHHC:055688

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.15492 of 2024 Date of Decision: 24.04.2024 BALWINDER SINGH ......Petitioner Vs STATE OF PUNJAB ....Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Harsh Chopra, Advocate for the petitioner.

Mr. Rahul Jindal, Asstt. A.G., Punjab.

**** HARKESH MANUJA, J. (Oral) 1.

By way of present petition filed under Section 439 Cr.P.C., prayer has been made for grant of regular bail to the petitioner in case bearing FIR No.54 dated 24.03.2023 registered under Sections 406/420/34 IPC (Sections 465/467/468/471/120-B IPC added later on 11.07.2023) at Police Station Mukeria, District Hoshiarpur.

2.

Learned counsel for the petitioner submits that the petitioner has been implicated on the basis of disclosure statement made by Jeewan Lal having duped of the complainant for a sum of Rs.7.6 lakhs for getting him job with the Punjab Police.

3.

The prayer made on behalf of the petitioner has been opposed by learned State counsel while referring to the antecedents of the petitioner, who is stated to be involved in two more cases of similar nature; one at the instance of Jeewan Lal pertaining to the same allegations. MOHMED ATIK 2024.04.24 17:56 I attest to the accuracy and authenticity of this order/judgment

CRM-M No.15492 of 2024 2024:PHHC:055688 4.

I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made by learned counsel for the petitioner.

5.

In the present case, the investigation already stands concluded with the filing of challan followed by framing of charges. Out of total 19 prosecution witnesses, only 03 witnesses have been examined so far and the trial is likely to take some time in its culmination. The petitioner is in custody for the last 09 months and as a matter of record, he is already on bail in both the cases. 6.

Considering the fact that the petitioner has already suffered incarceration for a period of almost 09 months and the trial is likely to take sometime in its culmination, I do not find any justification to extend the incarceration of the petitioner.

7.

Accordingly, without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds and surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate. 8.

It is made clear that this order may not be construed as expression of an opinion on the merits of the case.

(HARKESH MANUJA) April 24, 2024 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHMED ATIK 2024.04.24 17:56 I attest to the accuracy and authenticity of this order/judgment