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High Court of Punjab and HaryanaCRM-M/41634/2015allowed

Satish Kumar v. State Of Punjab

2015-12-21Mr. Justice S.C. Malte3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: December 21, 2015 Satish Kumar

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

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

Mr.K.S.Pannu, DAG, Punjab.

Naresh Kumar Sanghi, J.(Oral) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Satish Kumar, who has been booked for having committed the offences punishable under Sections 120-B, 420, 467, 468 and 471, IPC, in a case arising out of FIR No.14, dated 03.04.2015, registered at Police Station, City, Mansa.

Learned counsel contends that in false and frivolous case, the petitioner has been implicated; as per prosecution case, the petitioner had charged the money from various people for getting them employed and further for arranging the plots for them but after his arrest, no cash amount was recovered from him; so far as the forgery is concerned, all the documents

[2] are already in possession of the police and as such, nothing remains to be recovered from the petitioner; after investigation, the charge-sheet (challan) was presented before learned Area Judicial Magistrate and even the charges were framed by the said Court and as such, further incarceration of the petitioner would not be of any consequence.

Learned counsel for the State has fairly conceded that all the offences, for which the petitioner has been booked, are triable by learned Judicial Magistrate Ist Class and after the petitioner was taken into custody on 10.04.2015, the investigation was completed and the charge-sheet (challan) was presented. After hearing learned counsel for the parties, this Court finds that the petitioner is behind the bars for the last more than eight months and it is a magisterial trial which will take sufficient time to conclude.

In view of the above, the present petition is allowed. Petitioner-Satish Kumar s/o Krishan Kumar, r/o H.No.1046, near Peer Baba Dargah Kirti Nagar, Sirsa, now r/o Kothi No.68, Sector 16, Chandigarh, is ordered to be released on bail during pendency of trial of the present case, subject to his furnishing bail bonds to the satisfaction of learned trial Court/Duty Magistrate, Mansa.

December 21, 2015 (Naresh Kumar Sanghi) seema Judge

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