High Court of Punjab and HaryanaCRM-M/36846/2018allowed

Sukhcharan Singh Sidhu v. State Of Punjab

2018-10-12Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.36846 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.36846 of 2018 (O&M) Decided on: 12.10.2018 Sukhcharan Singh Sidhu ....Petitioner

Versus

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

Mr. S.P.S. Sidhu, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.44 dated 06.07.2018, for offence punishable under Sections 419, 420, 170 and 171 of the Indian Penal Code (in short 'IPC'), registered at Police Station D-Division, Amritsar, District Amritsar.

Counsel for the petitioner has submitted that as per the allegations in the FIR, the petitioner by posing himself as a Labour Commissioner, has obtained a sum of Rs.1,000/- from the complainant in an illegal manner. It is further submitted that the petitioner is in custody since 06.07.2018; challan stands presented; charges have been framed; the offences are triable by the Court of Magistrate and it will take some time in conclusion of the trial.

Counsel for the State, on instructions from ASI Deepak MOHD YAKUB 2018.10.12 17:15 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.36846 of 2018 (O&M) Kumar, has not disputed the factual position but opposed the prayer for bail.

Without commenting anything on merits of the case, considering the fact that the petitioner is in judicial custody since 06.07.2018; charges have been framed against the petitioner and conclusion of the trial is likely to take some time as the offences are triable by the Court of Magistrate, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 12.10.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.10.12 17:15 I attest to the accuracy and authenticity of this document High Court, Chandigarh