Dalip Kumar Verma & ORS v. State Of Punjab

CRM-M-49353-2018 (O&M) --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-49353-2018 (O&M) DATE OF DECISION:-16.11.2018 DALIP KUMAR VERMA AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Aditya Sanghi, Advocate, for the petitioners.

Mr. Davinder Bir Singh, DAG, Punjab.

***** RAMENDRA JAIN, J. (ORAL) CRM-39575-2018 Application is allowed as prayed for.

Main case Through this petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR No.28 dated 19.02.2015, registered under Sections 420, 406 and 120-B IPC at Police Station Civil Lines, Batala. According to the prosecution, petitioners being Directors/Officers of M/s Prachi Gas Bottling Private Limited, Company, New Delhi, on the false pretext of allotting dealership to the complainant for supply of LPG (Liquid Petroleum Gas), cheated for Rs.72,00,000/-. Even, cheques given by the petitioners to the SONIKA 2018.11.17 16:43 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-49353-2018 (O&M) --2-- complainant got bounced.

Learned counsel for the petitioners contends that the petitioners on the similar allegations, in various cases around 10-12, have already been granted bail by coordinate Benches of this Court vide orders (Annexure P-3 colly). That apart, on the similar allegations, petitioners have been acquitted in one of the cases by ld. Judicial Magistrate Ist Class, Kaithal, in case FIR No.01 dated 05.01.2017. Learned counsel further contends that the petitioners are in custody since 15.05.2018. They are not required for interrogation/investigation as they are in judicial custody. Framing of charge and conclusion of trial may take sufficient long time. Therefore, no useful purpose would be served by detaining the petitioners in jail any more during trial.

Learned State counsel has vehemently opposed the grant of bail to the petitioners.

Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioners are ordered to be released on bail during pendency of trial, on their furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned. 16.11.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.11.17 16:43 I attest to the accuracy and authenticity of this document Chandigarh