High Court of Punjab and HaryanaCRM-M/43668/2016disposed of

Gulzar Singh v. State Of Punjab

2016-12-13Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-43668 of 2016 Date of decision : December 13, 2016 Gulzar Singh ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh

Present:

Mr. A.P. Singh, Advocate, for the petitioner Mr. P.S.Paul, DAG, Punjab, for the respondent-State Fateh Deep Singh, J. (Oral) The allegations against petitioner Gulzar Singh in this supplementary bail application under section 439 Cr.P.C. which has been moved after withdrawing the first application on account of addition of certain offences are that prior to 8.7.2016, the petitioner who was caretaker of the complainant is alleged to have stolen certain blank cheques and in the process has withdrawn Rs 50 lacs to Rs 60 lacs from the bank account of the complainant where he had deposited a sum of Rs 1.5 crores. The contentions of the counsel for the petitioner are that the petitioner is in custody since 9.7.

2016 and that the admitted stance of the prosecution that the cheques bears the signatures of the complainant and has been legitimately drawn the amount on the instructions of the complainant though on behalf of the State the bail application has been sought to be opposed with much force and vehemence by Mr. Paul on the grounds that the complainant Sat Parkash Walia has since died on 23.7.2016 and that Dalbir Singh Tiwana 2016.12.16 09:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-43668 of 2016 -2there are apprehension that the petitioner might have instrumental in his death.

Appreciating the submissions, at this juncture there is nothing to reflect the role of the petitioner in the death of the deceased who admitted as per the post mortem report does not bear any injury or sign of un-natural death and that the petitioner is in custody and nothing is to be recovered from him and culpability if any shall be determined at the time of trial. In view of the aforesaid and the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Patiala. The present petition stands disposed off accordingly. ( Fateh Deep Singh ) December 13, 2016 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2016.12.16 09:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.