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High Court of Punjab and HaryanaCRM-M/8468/2018allowed

Kulwinder Singh v. State Of Haryana

2018-04-25Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.8468 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.8468 of 2018 Decided on: 25.04.2018 Kulwinder Singh ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. B.S. Sidhu, Advocate for the petitioner.

Mr. Himmat Singh, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.375 dated 28.11.2015, for offence punishable under Sections 406, 420 read with Section 34 of the Indian Penal Code (in short 'IPC') registered at Police Station Civil Lines, Kaithal. Counsel for the petitioner has submitted that as per the allegation in the FIR, the complainant has given a cheque which was never encashed and the cheque amount has not been transferred in his account. It is further submitted that the petitioner is in judicial lock up since 16.06.2017 and challan has also been presented and conclusion of the trial is likely to take some time as the offences are triable by the Court of Magistrate.

Counsel for the State, on instructions from ASI Lajwant Singh, has, however, opposed the prayer for bail on the ground that the petitioner is involved in some other cases.

Mohd. Yakub 2018.04.26 14:42 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.8468 of 2018 Without commenting anything on merits of the case and considering the fact that the offences are triable by the Court of Magistrate; the petitioner is in custody since 16.06.2017; 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 25.04.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.04.26 14:42 I attest to the accuracy and authenticity of this document Chandigarh