High Court of Punjab and HaryanaCRM-M/43012/2020allowed

Bharat Bhushan @ Sonu Chauhan v. State Of Punjab

2020-12-23Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 43012 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 43012 of 2020 Date of Decision: 23.12.2020 Bharat Bhushan @ Sonu Chauhan ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. I.P.S. Kohli, Advocate for the petitioner.

Mr. Ajay Pal Singh Gill, DAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 214 dated 04.7.2020 under Sections 7 and 12 of the Prevention of Corruption Act, 1988 registered at Police Station City Kapurthala, District Kapurthala. Custody certificate by way of affidavit of Deputy Superintendent, Central Jail, Kapurthala has been filed through e-mail. Copy of the same is taken on record.

Learned counsel for the petitioner submits that as per the prosecution case, there was an alleged deal of Rs. 25.00 lacs between the petitioner and Sarabjit Singh to save accused Sarabjit Singh, who was involved in a criminal case and the deal was settled at Rs. 20.00 lacs and Sarabjit Singh paid Rs. 5.00 lacs to the petitioner but neither the petitioner helped Sarabjit Singh nor the money was returned to him. Learned counsel for the petitioner further submits that coGURPREET SINGH 2020.12.23 17:14 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 43012 of 2020 -2accused Neha Marwaha and Paras Marwaha have been granted interim anticipatory bail by this Court. He further submits that the petitioner has been in custody for the last 05 months and 14 days and challan has also been presented in the present case.

On the other hand, learned State counsel has opposed the bail application but has not disputed the fact that the challan has been presented and the petitioner has been in custody for the last 05 months and 14 days and that co-accused Neha Marwaha and Paras Marwaha are already on interim anticipatory bail.

I have heard the learned counsel for the parties. As per the custody certificate, the petitioner has been in custody for the last 05 months and 14 days and challan has also been presented. Coaccused Neha Marwaha and Paras Marwaha have already been granted interim bail. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE December 23, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.12.23 17:14 I attest to the accuracy and integrity of this document Chadigarh