Balwant Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-28425-2020 Decided on : 23.09.2020 Balwant Kumar . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. D.S. Virk, Advocate, for the petitioner(s).

Ms. Monika Jalota, DAG, Punjab assisted by ASI Des Raj.

**** MANJARI NEHRU KAUL, J. (Oral) Due to the outbreak of pandemic COVID-19, the instant case is being taken up for hearing through video conferencing. The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 44, dated 20.03.2020, under Sections 420, 465, 467, 468, 471, 120-B IPC, registered at P.S. Nahianwala, District Bathinda.

Learned counsel for the petitioner inter alia contends that there is no qualitative much less incriminating evidence on record to connect the petitioner with the crime in question and he has been implicated on the basis of totally false allegations. It has been further submitted that that the petitioner has been in custody since 01st October, 2020 and the trial is unlikely to conclude in the near future as even challan has not been presented till date.

Learned State counsel on the other hand while opposing the prayer and submissions of the learned counsel for the petitioner, has JAWALA RAM 2020.09.24 16:28 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-28425-2020 - 2 - submitted that the petitioner was not only named in the FIR in question, but there were specific allegations levelled against him of being one of the beneficiaries of the amount i.e. Rs. 72.00 lakhs, which the complainant was lured to part with by all the accused including the petitioner by giving him an assurance that the accused would get land allotted in his favour (complainant) in Rajasthan through their contacts. Heard.

No ground for concession of regular bail is made out, as there are specific and serious allegations levelled against the petitioner and further prima facie there was corroborative evidence to the effect of money being deposited in the account of the petitioner. Accordingly, the present petition stands dismissed. However, anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE September 23, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.09.24 16:28 I attest to the accuracy and authenticity of this document Chandigarh