High Court of Punjab and HaryanaCRM-M/36946/2017allowed

Swaran Singh v. State Of Punjab

2017-10-06Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-36946 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-36946 of 2017 (O&M) Decided on: 06.10.2017 Swaran Singh ....Petitioner

Versus

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

Mr. Gurmohan Singh Bedi, Advocate for the petitioner.

Mr. Amandeep S. Gill, Sr. DAG, Punjab.

Mr. Gaurav Mannan, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.55 dated 30.03.2017, for offence punishable under Sections 406 and 420 of the Indian Penal Code, 1860 (in short 'IPC') registered in Police Station Division No.8, District Jalandhar.

Counsel for the petitioner submits that challan has already been presented and the offences are triable by the Court of Magistrate and it will take long time in conclusion of the trial. It is further submitted that in FIR No.126 dated 06.05.2013 in which the petitioner was declared as proclaimed offender, he has been granted regular bail by this Court vide order dated 21.07.2017 passed in CRM-M No.21461 of 2017 and in FIR No.148 dated 02.07.2016 under Section 420 IPC registered at Police Station City Ferozepur, the petitioner was granted statutory bail. A perusal of these 02 FIRs also shows that the allegation Mohd. Yakub 2017.10.06 18:15 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-36946 of 2017 (O&M) in those cases are similar to the one as in the present case. Counsel for the State assisted by counsel for the complainant, on instructions from HC Satnam Singh, has opposed the prayer for bail on the ground that since the petitioner is involved in other similar cases, the allegations are serious in nature. I have heard counsel for the parties, perused the paperbook and the records.

Without meaning to express any opinion on merits of the case, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of the trial Court. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 06.10.2017 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.10.06 18:15 I attest to the accuracy and authenticity of this document Chandigarh