Kishan Lal v. State Of Punjab

CRM No.M-4842 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 4842 of 2015(O&M) Date of Decision: February 18, 2015.

Kishan Lal ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Rahul Bhargava, Advocate for the petitioner.

Mr. K.S.Sidhu, DAG, Punjab.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Petitioner prays for bail pending trial in FIR No.571 dated 19.11.2014, under Sections 135/136/138/150 of the Electricity Act and Section 120B IPC, registered at police station Anti Power Theft, District Amritsar. It is submitted that no recovery is to be effected from the petitioner. He has been falsely implicated in this case only due to altercation which had taken place when officials of the Punjab State Power of Corporation Limited had come to his house for checking of the electric meter. He is not involved in any other case.

OMKAR SINGH 2015.02.18 17:28 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-4842 of 2015 [2] Learned counsel for the State while opposing this petition submits that number of tampered electric meters have been recovered from the residence of petitioner. There is no ground for releasing the petitioner on bail at this stage.

Keeping in view the fact that trial is likely to take a long time to conclude and no recovery is to be effected from the petitioner, no useful purpose would be served by his further incarceration. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. It is verified as per affidavit dated 18.02.2015 that petitioner is not involved in any other case. In view of the above but without commenting or expressing any opinion on the merits of the case, this petition filed by Kishan Lal is allowed. Petitioner shall be released on bail pending trial subject to his furnishing requisite bail bonds and surety bonds to the satisfaction of the Trial Court. Any observations made here-in-above shall not be construed to be a reflection on merits of the case and shall have no bearing on trial. ( LISA GILL ) February 18, 2015.

JUDGE 'om'

OMKAR SINGH 2015.02.18 17:28 I attest to the accuracy and authenticity of this document Chandigarh