High Court of Punjab and HaryanaCRM-M/33841/2017allowed

Raja Mohammad v. State Of Haryana

2017-12-07Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-33841-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-33841 of 2017 (O&M) Date of Decision: December 07, 2017.

Raja Mohammad ..........PETITIONER(s).

VERSUS

State of Haryana ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Rahul Jaswal, Advocate for the petitioner (s).

Mr. Deepak Grewal, D.A.G. Haryana.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 458 dated 11.11.2016 registered for the offences punishable under Sections 419, 420, 467, 468, 471 read with Section 120-B of Indian Penal Code, at Police Station Rai, District Sonipat.

Heard.

The allegation against the petitioner is that he had impersonated Surat Singh at the time of execution of sale deed dated 26.10.2016 vide which plot of Surat Singh was sold. The other co-accused have prepared fake identity proof of the petitioner. The petitioner was arrested on 27.03.2017 and after completion of investigation, challan against him has been presented, where trial is in progress.

Sachin Mehta 2017.12.07 16:19 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-33841-2017 -2Keeping in view the period of incarceration of the petitioner and that conclusion of trial will take considerably long time but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner Raja Mohammad is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) December 07, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.12.07 16:19 I attest to the accuracy and authenticity of this document High Court, Chandigarh