High Court of Punjab and HaryanaCRM-M/14327/2020allowed

Gurwant Singh v. State Of Punjab

2020-06-24Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.14327 of 2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.14327 of 2020 (O&M) Decided on: 24.06.2020 Gurwant Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Sukhmeet Singh, Advocate for the petitioner (through video conferencing) Mr. Ramdeep Partap Singh, DAG, Punjab.

(through video conferencing) ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.180 dated 31.07.2019, for offence punishable under Sections 420, 465, 467, 468, 120-B of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station City Faridkot, District Faridkot.

Counsel for the petitioner has argued that the petitioner is in custody since 10.02.2020 and the offences are triable by the Court of Magistrate and the challan has already been presented. It is further submitted that with regard to the property in dispute, the complainant has filed a suit for possession for recovery of the amount against the petitioner and others and in that case, the trial Court has already passed an order of injunction on 16.08.2019 and therefore, the dispute inter se parties primarily is of civil nature.

Counsel for the State, on telephonic instructions from ASI MOHD YAKUB 2020.06.24 13:27 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

CRM-M No.14327 of 2020 (O&M) Gurbax Singh, has, however, argued that an application has been filed before the trial Court for comparison of the signatures of the petitioner and the same is pending consideration.

Without commenting anything on merits of the case, considering the fact that the petitioner is in custody since 10.02.2020; the offences are triable by the Court of Magistrate; challan stands presented; the custodial interrogation of the petitioner is not required and the conclusion of the trial will take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it is made clear that in case the petitioner is found involved threatening any of the remaining prosecution witnesses or tried to influence them, in any manner then, it will be open for the prosecution to apply for cancellation of bail of the petitioner. (ARVIND SINGH SANGWAN) 24.06.2020 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2020.06.24 13:27 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.