High Court of Punjab and HaryanaCRM-M/14726/2019allowed

Satbir And Another v. State Of Haryana

2019-05-08Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.14726 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.14726 of 2019 Decided on: 08.05.2019 Satbir and another ....Petitioners

Versus

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

Mr. S.K. Bishnoi, Advocate for the petitioners.

Mr. Himmat Singh, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioners under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.515 dated 08.09.2018, for offence punishable under Sections 420, 120-B, 34 of the Indian Penal Code, 1860 (in short 'IPC') and 4, 5, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, registered at Police Station City Fatehabad, District Fatehabad.

Counsel for the petitioner has submitted that the petitioners are in custody for the last more than 07 months and challan stands presented and they are no more required for further custodial interrogation. It is further submitted that the co-accused - Ram Vilas, Sunil Kumar and Rajbir Singh @ Raju, have already been granted the concession of regular bail and some of the co-accused have already been granted the concession of anticipatory bail. Counsel for the petitioners has submitted that as per the MOHD YAKUB 2019.05.08 15:39 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.14726 of 2019 allegations in the FIR, petitioner No.1 was the Managing Director of the company i.e. VSDT, which has collected huge amount by way of chit funds.

Counsel for the State has filed the Custody Certificates today in the Court and has not disputed the factual position and as per the Custody Certificates, the petitioners are not involved in any other case.

Counsel for the State, on instructions from ASI Om Parkash, has also not disputed the fact that the investigation is complete and challan already stands presented.

Without commenting anything on merits of the case, considering the fact that the petitioners are not involved in any other case; the offences are triable by the Court of Magistrate and it will take some time in conclusion of the trial, this petition is allowed and the petitioners are directed to be released on bail subject to their furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioners, in case they are found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 08.05.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.05.08 15:39 I attest to the accuracy and authenticity of this document High Court, Chandigarh