Jaskaran Singh v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 25.3.2021 Jaskaran Singh ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.S.Sidhu, Advocate, for the petitioner.

Ms. Sheenu Sura, DAG, Haryana, assisted by ASI Kamal Singh.

Mr. Raj Kumar Bhatia, Advocate and Mr. Hitesh Thakur, Advocate, for the complainant. ***** GURVINDER SINGH GILL, J . (Oral) CRM-8858-2021 In view of the reasons mentioned in the application, the same is allowed and Annexure P-3 is taken on record subject to all just exceptions. 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No. 296, dated 16.9.2019, Police Station City Mandi Dabwali, District Sirsa, under Sections 420, 467, 468, 471 IPC.

- 2 - 2.

The FIR in question was lodged at the instance of Balwinder Singh wherein it has been alleged that he has been cheated of an amount of `2 lakhs by the petitioner on the pretext of selling land to the complainant and although an agreement to sell was entered into, as per which the last date of registry was fixed as 7.2.2019, but the petitioner never turned up for getting the sale deed registered. It is thus alleged that the petitioner right from very beginning had an intention to cheat the complainant and had thus deprived him of an amount of `2 lakhs.

3.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the instant case and that even if all the allegations as levelled in the FIR are taken to be correct, the same at best would constitute a civil liability only.

4.

Opposing the petition, learned State counsel assisted by learned counsel for the complainant has submitted that since the petitioner is specifically named in FIR and has deprived the complainant of an amount of `2 lakhs by deceitful means, no case for grant of bail is made out. Learned counsel for the complainant has further submitted that the petitioner is a habitual offender and had cheated other persons as well. Learned State counsel has however, informed that the petitioner stands involved in one more FIR and that as on date he has been behind bars since the last about 7 months. 5.

I have considered rival submissions addressed before this Court. 6.

Having regard to the nature of allegations and the amount involved in the instant case and while noticing that the petitioner as on date has

- 3 - been behind bars for a substantial period of 7 months, the petition is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. March 25, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No