Sahil Puhal @ Sahil v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DATE OF DECISION :- July 13, 2021 Sahil Puhal @ Sahil
...Petitioner
Versus
State of Punjab
...Respondent
Vicky
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Mohit Garg, Advocate for the petitioners. Mr. J.S. Ghuman, DAG, Punjab.
*** CRM No. 17758 of 2021 in CRM-M-31309 of 2020 The case has been taken up through Video Conferencing. It is stated that the petition for regular bail filed by co-accused of the present petitioner namely Vicky bearing CRM-M-19425 of 2021 is fixed for today, as such date of hearing in the present petition be also pre-poned for today.
Heard.
The application is allowed in the interest of justice. The main case is taken up today for hearing.
My this order shall dispose of two petitions for grant of regular bail bearing CRM-M-31309 of 2020 filed by Sahil Puhal @ Sahil and CRMM-19425 of 2021 filed by Vicky, both of them accused in F.I.R. No. 46 dated 25.2.2020 for offences under Sections 489-A, 489-B, 489-C, 489-D IPC registered with Police Station Shimlapuri, District, Ludhiana. Briefly stated the facts of the case as per prosecution story are that a secret information was received by the police of Police Station Shimlapuri, Ludhiana that both the petitioners were engaged in printing of counterfeit Indian currency notes and then circulating those in the market. Accordingly, formal F.I.R in the matter was registered and investigation in the case started. Both the petitioners accused were arrested by the police on 25.2.
2020 and counterfeit Indian currency notes of the value of Rs.9,17,000/- were recovered from petitioner Vicky. On 26.2020 counterfeit Indian currency notes of value of Rs.13,43,000/- along with Laptop, Printer and other articles used for printing of currency notes were recovered from the house of accused Vicky.
On completion of investigation, challan has been filed against both the accused but it is stated that formal charge in the case is yet to be framed and the date of hearing fixed is 15.7.2021. Both the accused had filed petition for regular bail before the Court of Sessions at Ludhiana but were unsuccessful, as such they have approached this Court craving for grant of similar relief.
I have heard learned counsel for the petitioners and learned State counsel besides going through the record.
Both the petitioners are in custody since 25.2.2020 i.e. for a period of more than 1 year and 4 months. The conclusion of trial is likely to take considerable time especially when the functioning of the Courts has been
adversely effected on account of outbreak of Covid-19. The guilt of the accused shall be determined during the trial. Learned State counsel on instructions from SI Ranjit Singh has pointedly stated that both the petitioners do not have any past criminal record. Therefore, in my considered view, they deserve to be granted concession of regular bail, although adequate safeguard can be put to ensure that they do not indulge in any criminal activity including printing of counterfeit currency notes after being enlarged on bail. Therefore, both the petitions are accepted and petitioners Sahil Puhal @ Sahil and Vicky are ordered to be released on bail on their furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Ludhiana subject to the following conditions :- (i) they shall appear in the Court on each and every date of hearing.
(ii) they shall not give any threat or intimidation to the prosecution witnesses.
(iii) they shall not leave India without prior permission of the Court and shall surrender their Passports, if they have got one, otherwise to furnish affidavits in that regard.
(iv) they shall not indulge in any criminal activity. (v) they shall get their presence marked in the local police station on every Saturday of the week between 1.00 A.M. to 2.00 P.M. so that an eye can be kept on their movements and they are deterred from indulging in any criminal activity.
The Magistrate accepting the bonds is to ensure that the sureties furnished by them have got immovable properties of the value of more than the surety amount within jurisdiction of Ludhiana and endorsement with regard to those persons having stood surety be made on the title deeds by taking copies thereof. Photographs of the sureties, attesting witnesses and
accused be also obtained including the other documents like copies of Aadhar Cards etc. to ensure that the petitioners-accused do not try to abscond and whenever they want to leave the jurisdiction of Ludhiana City they will report to the police of the said Police Station.
In case the petitioners violate any term and condition on which the bail has been granted to them, the prosecution would be entitled to apply for cancellation of bail.
(H.S. MADAAN) JUDGE July 13, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No