High Court of Punjab and HaryanaCRM-M/28694/2018allowed

Rachhpal Singh v. State Of Punjab

2018-08-18Lok Adalat Bench - 12 pages

-1CRM-M-28694 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-28694 of 2018 Date of Decision: 18.08.2018 Rachhpal Singh ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Bhupinder Ghai, Advocate, for the petitioner. Mr. Amandeep S. Gill, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 439 Cr.P.C. has been made for grant of regular bail to petitioner Rachhpal Singh in a case arising from FIR No.65 dated 22.04.2017 registered under Sections 406 and 420 IPC at Police Station Kotwali, Patiala, District Patiala. According to the prosecution, petitioner obtained as many as Rs.42.00 lakh from different persons, including respondent No.2complainant on the pretext that he will pay Rs.10,000/- as interest per one lakh after 50 days. But he failed to return the said benefit to respondent No.2-complainant and others. Petitioner issued a cheque of Rs.5.00 lakh to respondent No.2-complainant, however, the said cheque was dishonoured, when presented.

Learned counsel for the petitioner inter alia contends that parties have compromised the matter and the petitioner has paid Rs.5.00 lakh to respondent No.2-complainant. He has produced compromise deed and RAVINDER SINGH 2018.08.21 10:56 I attest to the accuracy and authenticity of this document receipt of Rs.5.00 lakh duly signed by respondent No.2. The same are taken on record.

-2CRM-M-28694 of 2018 Learned State counsel has vehemently opposed grant of regular bail to the petitioner.

Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner is ordered to be released on bail, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned, if not required in any other case. It is clarified that this order, granting bail to the petitioner, is restricted qua respondent No.2-complainant only and the same shall not be treated as a blanket order for grant of anticipatory bail to the petitioner without satisfying the claim of other victims allegedly cheated by the petitioner.

(RAMENDRA JAIN) August 18, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.21 10:56 I attest to the accuracy and authenticity of this document