High Court of Punjab and HaryanaCRM-M/6810/2018allowed

Arun Kumar Ditya v. State Of Ut Chandigarh

2018-04-04Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.6810 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.6810 of 2018 Decided on: 04.04.2018 Arun Kumar Ditya ....Petitioner

Versus

State of U.T., Chandigarh ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Mohit Garg, Advocate for the petitioner.

Mr. Amit Kumar Goyal, APP, U.T., Chandigarh.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.234 dated 15.11.2017, for offence punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code (in short 'IPC'), registered at Police Station Maloya, Chandigarh. Counsel for the petitioner has submitted that as per the allegation in the FIR, the complainant has handed over some amount which the petitioner allegedly got deposited in the account of his maternal uncle namely Keshav Narayan Ditya on pretext of obtaining a government employment in Indian Railways. It is further submitted that the petitioner is a student and is a National Athlete, the investigation in the case has been completed, the challan has also been presented on 02.02.2018, charges are yet to be framed and conclusion of the trial is likely to take some time and the offences are triable by the Court of Magistrate.

Mohd. Yakub 2018.04.04 18:56 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.6810 of 2018 Counsel for the State, on instructions from ASI Ashwani Kumar, has submitted that the co-accused namely Keshav Narayan Ditya is yet to be arrested, however, has not disputed the fact that the challan against the petitioner has been presented on 02.02.2018. Without commenting anything on merits of the case and considering the fact that the offences are triable by the Court of Magistrate; the investigation is complete; charges are yet to be framed and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is ordered to be released on bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 04.04.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.04.04 18:56 I attest to the accuracy and authenticity of this document Chandigarh