Gulzar Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M-28576 of 2018 Date of decision: 24.08.2018 Gulzar Singh ..Petitioner

Versus

State of Punjab ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:

Mr. J.S. Chatrath, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab for the respondent -State.

*** Daya Chaudhary, J. (Oral) The present petition has been filed by the petitioner-Gulzar Singh under Section 439 Cr.P.C. for grant of regular bail in case FIR No.169 dated 06.10.2017 registered under Sections 406, 420 read with Section 120-B IPC at Police Station Sadar Kharar, District Mohali. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas neither he was specifically named in the FIR nor any role has been attributed to him. The petitioner has been implicated in the case being Numbardar and he was arrested on 21.05.2018. The petitioner is not the beneficiary but the main accused, namely, Radhe Soni, who has approached this Court by way of filing Criminal Misc. No.

M-41449 of 2017, is the beneficiary and the matter was referred to Mediation and Conciliation Centre and he has been released on regular bail vide order dated 23.05.2018. The case of the petitioner is on better footings viz-a-viz main accused, Radhe Soni and Bhupinder Singh. Learned State counsel has not disputed the custody period as NEETU RANI 2018.08.

Criminal Misc. No. M-28576 of 2018 well as release of co-accused on regular bail by this Court. Heard arguments of learned counsel for the petitioner as well as learned State counsel and have also perused the contents of the FIR and other documents available on the file.

Admittedly, the petitioner is in custody since 21.05.2018 and has been implicated in the case being Numberdar, who identified the parties and is not the beneficiary. Co-accused of the petitioner have been released on regular bail by this Court and no purpose would be served by keeping the petitioner behind the bars. The petitioner is not having any criminal background and he is ready to abide by all terms and conditions to be imposed by this Court.

Accordingly, the present petition is allowed and the petitioner (Gulzar Singh) is directed to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court. 24.08.2018 (DAYA CHAUDHARY) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable No NEETU RANI 2018.08.29 11:43 I attest to the accuracy and integrity of this document High Court Chandigarh