High Court of Punjab and HaryanaCRM-M/36847/2019allowed

Kartar Singh v. State Of Punjab

2019-11-22Mr. Justice Arvind Singh Sangwan3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH I.

CRM-M-36847-2019 Date of Decision : November 22, 2019 Kartar Singh ....Petitioner

Versus

State of Punjab ....Respondent II.

Jagtar Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. J.S. Jaidka, Advocate for the petitioner. (in CRM-M-36847-2019) Mr. Monty Goyal, Advocate for the petitioner (in cRM-M-21662-2019) Mr. Jagmohan Ghumman, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) This is the first petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.308 dated 22.12.2018 registered under Sections 420, 465, 467, 468, 471, 120-B IPC at Police Station City Jagraon, District Ludhiana.

Counsel for the petitioner submits that Kartar Singhpetitioner is an old man of age of 70 years and the investigation

-2is complete and challan stands presented and it will take some time for conclusion of the trial. Counsel for the petitioner further submits that as per the allegations in the FIR registered at the instance of complainant-Nirmal Singh and Kulwant Singh, accused Sarabjit Singh and Lakhvir Singh met Jagtar Singh, who was working as a property dealer and interest to purchase some land from Darshan Singh, another property dealer. Later on, Darshan Singh was introduced to Nirmal Singh and Sarabjit Singh and they took the complainant and his father for showing the land. Thereafter, an agreement was arrived at for the purchase of the land and some earnest money was made and, thereafter, when the accused persons stopped attending the phone calls, on verification it was found that the accused persons, in conspiracy with each other has cheated the complainant.

Counsel for the petitioner(s) further submits that two co-accused of the petitioners have already been granted the concession of regular bail.

The allegations against petitioner-Kartar Singh is that he has impersonated as Amrinder Singh, while the allegations against petitioner-Jagtar Singh that he, being a property dealer has introduced the complainant with another property dealer, namely, Darshan Singh.

-3Learned State counsel, on instructions from the Investigating Officer has not disputed the factual position. Without commenting anything on the merits of the case, considering the aforesaid submission made by counsel for the petitioner(s) and that there is no other case registered against the petitioner; the conclusion of the trial will take some time; and the recovery fell under non-commercial category, this petition is allowed and the petitioner is directed to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate, concerned.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner.

( ARVIND SINGH SANGWAN ) JUDGE November 22, 2019 satish Whether speaking/reasoned : YES / NO Whether reportable :

YES / NO