High Court of Punjab and HaryanaCRM-M/38003/2019disposed of

Harnek Singh v. State Of Punjab

2019-09-27Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-38003-2019 Decided on : 27.09.2019 Harnek Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Dinesh Trehan, Advocate for the petitioner(s).

Mr. V.G. Jauhar, Sr. DAG, Punjab.

**** MANJARI NEHRU KAUL , J. (Oral) The petitioner prays for grant of regular bail under Section 439 Cr.P.C., in complaint case No. COMI/578 of 2019, dated 01.08.2019, under Sections 420/181/199/200/511 IPC, pending in the Ld. ACJM, Ludhiana. It has been contended that the petitioner is a senior citizen of 70 years of age and is suffering from old age health issues. The petitioner furnished the surety bonds for the accused in FIR No. 13, dated 08.02.2019, under Sections 379, 411 IPC, P.S. Sarabha Nagar, Ludhiana. Thereafter, the petitioner furnished an affidavit stating that he had never given surety against the property in any other case. However, on verification it was revealed that he had previously given surety of the same property on 04.09.2017 in an another case FIR No. 50, dated 18.05.2005, under Sections 15, 25, 29, 60, 61, 85 of NDPS Act, P.S. Sudhar, as a result of which, complaint dated 01.08.2019 (Annexure P-1) was registered against the petitioner.

Learned counsel for the petitioner submitted that in view of his JAWALA RAM 2019.09.27 18:22 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-38003-2019 - 2 - old age, it was a bona fide mistake on his part as he was unable to recollect that he had already furnished surety against the same property at an earlier date. It has further been prayed that a lenient view be taken as the petitioner has been behind bars since 01.08.2019.

Heard.

Keeping in view the fact that the petitioner is an old age person and he is not involved in any other case, without commenting upon the merits of the case, the present petition is allowed. The petitioner is admitted to regular bail on furnishing of his bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. (MANJARI NEHRU KAUL) JUDGE September 27, 2019 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2019.09.27 18:22 I attest to the accuracy and authenticity of this document Chandigarh