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High Court of Punjab and HaryanaCRM-M/5657/2016allowed

Naresh Kumar @ Sanjay v. State Of Punjab

2016-08-09Mr. Justice Harinder Singh Sidhu2 pages

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-5657 of 2016 .....

Date of decision:9.8.2016 Naresh Kumar alias Sanjay

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. I.S. Mann, Advocate for the petitioner.

Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.148 dated 16.9.2015 registered for the offence under Section 420 IPC at Police Station City, Sri Muktsar Sahib. Notice of motion to Advocate General, Punjab. Ms. Shivali, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition. Police record is also available.

I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab appearing for the respondentState and have gone through the record. Learned counsel for the petitioner argued that the payments of Harpal Singh Parmar 2016.08.10 14:34 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-5657 of 2016 [2] the amount have already been made to the complainant party through RTGS for having provided labour to the petitioner as the petitioner was a contractor.

The petitioner has been in custody since 2.12.2015. The challan has already been presented. The petitioner is not required for interrogation or investigation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case. Therefore, keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bond in the sum of `40,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.

August 9, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2016.08.10 14:34 I attest to the accuracy and authenticity of this document Chandigarh