Pala Singh v. State Of Punjab

CRM-M-24964-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-24964 of 2019 (O&M) Date of Decision: November 14, 2019 Pala Singh ..........PETITIONER

VERSUS

State of Punjab ........RESPONDENT CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Himmat Singh Deol, Advocate for the petitioner (s).

Mr. Rakeshinder Singh Sidhu, A.A.G, Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 100 dated 23.10.2016 registered for the offences punishable under Sections 420, 465, 467, 468, 471 read with Section 120-B of Indian Penal Code, at Police Station Sardulgarh, District Mansa.

Learned State counsel on instructions from HC Harjinder Singh submits that petitioner along with Gurjit Singh used to prepare forged jamabandis and sale deeds in their shops with the help of Kirpal Singh Patwari to help different persons to obtain loan from HDFC Bank, Sardulgarh on the basis of forged documents. The petitioner was nominated in this case on the statement of Rahul Kalra and was arrested on 14.09.2018. Several cases have been registered against the petitioner and co-accused on JYOTI 2019.11.15 17:34 I attest to the accuracy and integrity of this document

CRM-M-24964-2019 -2the allegations of committing fraud of `5 crores 77 lakhs. Learned counsel for the petitioner submits that the petitioner was named in 12 cases and in all the cases, he has been allowed regular bail. The case of prosecution is based on documentary evidence which cannot be tampered at any stage. The co-accused including loanee and manager of bank have already been allowed regular bail.

Keeping in view the above facts, period of incarceration of petitioner and that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Pala Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) November 14, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.11.15 17:34 I attest to the accuracy and integrity of this document