Pardeep Kumar v. State Of Punjab

CRM-M No.28404 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.28404 of 2020 (O&M) Date of Decision.10.11.2020 (Heard through VC) Pardeep Kumar

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Munish Gupta, Advocate for the petitioner.

Mr. Amit Mehta, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.108 dated 10.11.2015 under Section 420 IPC registered at Police Station Boha, District Mansa. Learned counsel for the petitioner herein would contend that the petitioner has falsely been implicated in the instant FIR on the allegation that the petitioner had received Rs.5,50,000/- in cash on the pretext of sending son of the complainant abroad, however, there is no documentary proof qua the same. It is further argued that the petitioner was wanted in two other cases in which he has already been allowed concession of bail. As per provisions of Section 437(6) Cr.P.C., evidence ought to have been completed within a period of 60 days from the first date of evidence in the instant case but the evidence is yet to be recorded, therefore, petitioner is entitled for concession of bail.

Learned counsel appearing on behalf of the respondent-State opposes grant of regular bail to the petitioner on the ground that the PANKAJ KUMAR 2020.11.11 15:08 I attest to the accuracy and integrity of this document

CRM-M No.28404 of 2020 (O&M) -2petitioner herein remained proclaimed offender for about four years. I have heard learned counsel for the parties and have perused the paper book.

Keeping in view the fact that the petitioner is in custody since 21.12.2019 and the challan has already been presented coupled with the fact that the trial is likely to take some time to conclude owing to novel corona virus pandemic situation, no useful purpose would be served by keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of personal/surety bond of Rs. 1 lakh to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE November 10, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.11.11 15:08 I attest to the accuracy and integrity of this document