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High Court of Punjab and HaryanaCRM-M/15679/2025allowed

Mohammed Shafique Gori v. State Of Punjab

2025-07-09Mr. Justice H.S. Grewal2 pages

CRM-M-15679-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-15679-2025 Date of Decision: 09.07.2025 MOHAMMED SHAFIQUE GORI ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Ms. Amandeep Kaur, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1.

This petition has been filed under Section 483 of BNSS for grant of bail pending trial to the petitioner in FIR No 23 dated 12.09.2024 under Sections 308(2), 318(4), 319(2), 61(2) of BNS and under Sections 66(C) and 66 (D) of IT Act and Sections 337 and 338 of BNS, 2023 (added later on) registered at Police Station State Cyber Crime, District SAS Nagar, Punjab. 2.

The case of the prosecution is that the petitioner along with the co-accused has indulged in cybercrime and defrauded the complainant for an amount of Rs. 2,13,000/- and the same was withdrawn by the petitioner through self-cheque.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. She further submits that the matter has been compromised between the parties. The co-accused has already been granted concession of regular bail by the ld. Addl.Sessions Judge, Mohali. The petitioner is in custody since 22.09.2024.

4.

Notice of motion.

Renu Rawat 2025.07.11 09:00 I attest to the accuracy and integrity of this document

CRM-M-15679-2025 5.

Mr. Amandeep Singh Samra, AAG, Punjab accepts notice on behalf of the respondent-State. Learned State counsel has filed the custody certificate in the Court today, which is taken on record. As per custody certificate, the petitioner is in custody for 09 months and 12 days. He vehemently opposes the prayer for grant of bail to the petitioner. He fairly admits that the petitioner is in custody since 22.09.2024. 6.

I have heard the learned counsel for the parties and perused the record.

7.

Keeping in view the facts and circumstances of the present case and the fact that the petitioner is in custody for 09 months and 12 days, the continuous detention of the petitioner would not serve the ends of justice, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial.

8.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

9.

It is clarified that if on bail so granted through the instant order, the petitioner is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail.

(H.S.GREWAL) 09.07.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Renu Rawat 2025.07.11 09:00 I attest to the accuracy and integrity of this document