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High Court of Punjab and HaryanaCRM-M/44173/2022allowed

Karam Singh v. State Of Punjab

2022-11-24Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-42986-2022 in/and CRM-M-44173-2022 (O&M) Date of Decision:- 24.11.2022 Karam Singh ... Petitioner

Versus

State of Punjab ... Respondent (II) CRM-43333-2022 in /and CRM-M-45256-2022 (O&M) Harjit Singh @ Tony ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Simranjeet Singh Sarwara, Advocate, for the petitioner in CRM-M-44173-2022.

Mr. Munish Jolly, Advocate, for the petitioner in CRM-M-45256-2022.

Ms. Swati Batra, DAG, Punjab, assisted by ASI Baljinder Singh.

Mr. Kulwinder Singh, Advocate, for the complainant in CRM-M-45256-2022.

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CRM-M Nos.44173 & 45256 of 2022 (O&M) - 2 - GURVINDER SINGH GILL, J . (Oral) CRM-42986-2022 in CRM-M-44173-2022 and CRM-43333-2022 in CRM-M-45256-2022 In view of the reasons mentioned in the applications, the same are allowed and the matters are preponed from 19.1.2023 and are taken on Board today itself.

CRM-M Nos.44173 & 45256 of 2022 (O&M) 1.

This order shall dispose of the above mentioned two petitions wherein petitioners Karam Singh and Harjit Singh @ Tony, seek grant of regular bail in a case registered vide FIR No. 327, dated 22.7.2022, Police Station Sohana, District SAS Nagar, (Mohali), under Sections 406, 419, 420, 465, 467, 468, 471, 120-B IPC, wherein the allegations are broadly to the effect that petitioner(s) alongwith 4 other accused had duped the complainant of an amount of Rs.15 lakhs approximately on the pretext of sale of land. 2.

Learned counsel for the petitioners have represented that the matter stands amicably resolved amongst the parties and that the complainant has no objection for grant of bail. 3.

Complainant-Jagdeep Singh is present in the Court and has been duly identified by ASI Baljinder Singh who is present in the Court. Complainant has categorically stated that the matter stands amicably resolved and that he has no objection for grant of bail to the petitioners.

4.

Learned State counsel has however, opposed the petitions on the ground that since the petitioners are specifically named in the FIR, no

CRM-M Nos.44173 & 45256 of 2022 (O&M) - 3 - case for grant of bail is made out. It has however, been informed that both the petitioners have been behind bars for a period of about 3 months.

5.

This Court has considered the rival submissions. 6.

Having regard to the fact that the matter has been amicably resolved and the complainant does not have any objection for grant of bail and challan stands presented, both the petitions, as such, are accepted and the petitioners are ordered to be released on bail subject to their furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. It is however, clarified that the aforesaid order shall also enure offences punishable under Sections 466 and 474 IPC as well.

7.

A photocopy of this order be placed on the file of each connected case.

24.11.2022 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No