Gurnam Singh v. State Of Punjab

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

Criminal Misc. No.M-26418 of 2015 .....

Date of decision:19.8.2015 Gurnam Singh

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

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

Present:

Mr. Gourave Bhayyia Gilhotra, Advocate for the petitioner. Ms. Simsi Dhir Malhotra, Deputy 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.265 dated 15.9.2013 (Annexure-P.1) registered for the offences under Sections 419, 420, 465, 467, 468, 471 and 120-B IPC at Police Station Focal Point, Ludhiana. Notice of motion to Advocate General, Punjab. On the asking of the Court, Ms. Simsi Dhir Malhotra, learned Deputy Advocate General, Punjab has put in appearance and accepted notice on behalf of the respondent-State.

I have heard learned counsel for the petitioner as well as learned Deputy Advocate General, Punjab appearing for the respondentState and have gone through the record. The FIR in the present case has been registered on the HARPAL SINGH PARMAR 2015.08.20 16:23 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-26418 of 2015 [2] complaint moved by Gurinder Singh Garcha alleging that the accused by conspiring together forged and fabricated alleged sale deed dated 16.3.2010 by impersonating for the alleged vendors Gurdev Singh and deceased Gurmel Singh in connivance with the revenue officials to grab the valuable property of the complainant. The complainant is legal heir of Gurmel Singh, who retired in 1996 and died in July 2008, while Gurdev Singh-his brother was a non-resident Indian settled in USA. The present petitioner, who is stated to have impersonated Gurdev Singh, is in judicial custody since 16.4.2014. The challan has already been presented. The trial is going on and it is argued that one witness has already been examined. All the offences are triable by the Judicial Magistrate Ist Class. The present petitioner is not required for interrogation or investigation purposes at this stage as the trial is going on. 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 going into 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 19, 2015.

(Inderjit Singh) Judge *hsp* HARPAL SINGH PARMAR 2015.08.20 16:23 I attest to the accuracy and authenticity of this document Chandigarh