Jitender Kumar v. State Of Haryana

CRM-M No.36641 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.36641 of 2020 (O&M) Date of Decision.11.11.2020 (Heard through VC) Jitender Kumar

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Vinod S. Bhardwaj, Advocate for the petitioner.

Mr. Rajiv Goel, DAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.121 dated 20.04.2019 registered under Sections 419, 420, 467, 468, 471, 511, 120-B IPC at Police Station Manesar, who is in custody since 16.07.2020.

Learned counsel for the petitioner herein would contend that petitioner has falsely been implicated in the instant FIR. It is argued that the investigation is complete and the investigating agency in its report submitted that one Abdul Matin son of Abdul Majid impersonated as Abdul Wasit and executed the general power of attorney and will in favour of the petitioner herein. The executant of the general power of attorney i.e. Abdul Matin was also identified by the witnesses namely Sumit Kumar and Mayank Rathore, therefore, the petitioner acted under a bona fide belief and is not at fault in any manner whatsoever. In fact, the petitioner himself is a victim of fraud committed by Abdul Matin and also submitted a complaint PANKAJ KUMAR 2020.11.11 16:46 I attest to the accuracy and integrity of this document

CRM-M No.36641 of 2020 (O&M) -2against aforesaid persons before the Commissioner of Police on 24.01.2019. The challan has already been presented and therefore, the petitioner is entitled for concession of bail.

Learned counsel appearing on behalf of the respondent-State opposes grant of regular bail to the petitioner by contending that no ground is made out for grant of bail to the petitioner. 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 16.07.2020 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, 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 adequate personal/surety bond 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 11, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.11.11 16:46 I attest to the accuracy and integrity of this document