Kuldip Singh v. State Of Punjab

CRM-M- 39462 of 2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M- 39462 of 2019 (O&M) Date of decision : 17.1.2020 ...

Kuldip Singh ................Petitioner vs.

State of Punjab .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr.Gautam Dutt, Advocate for the petitioner Mr. Rana Harjasdeep Singh, Deputy Advocate General, Punjab.

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H. S. Madaan, J. (Oral) Petitioner - Kuldip Singh, an accused in FIR No. 45 dated 16.4.2003, for offences under Sections 420, 467, 468, 471, 120-B IPC (challan under Sections 420, 465, 467, 468, 471, 120-B, 182 IPC), registered at Police Station Division No. 3, Jalandhar, was declared proclaimed offender by ACJM, Jalandhar, vide order dated 14.7.2005. He had approached this Court seeking quashing of said order by way of moving CRM-M-22732-2019. That petition was decided on 2.7.2019, directing the petitioner to surrender before the trial Court within a fortnight and move an application for regular bail, which was

CRM-M- 39462 of 2019 -2directed to be decided within a period of one week, taking into consideration all the contentions to be raised before the trial Court at the relevant time.

The petitioner is stated to have surrendered before the trial Court. However, vide order dated 18.7.2019, the bail application was rejected and he was ordered to be taken up into custody. The petitioner is behind the bars since then. It is stated that supplementary challan has been filed, charge has been framed and the trial has started. The petitioner has approached this court seeking regular bail which request is being opposed by the State counsel.

Since the trial against the petitioner is going on, which is at preliminary stage and its conclusion is likely to take some time, he is behind the bars for the the last about six months, though he had been declared a proclaimed offender, but in my view his further detention would not serve any fruitful purpose and he can be granted bail imposing suitable terms and conditions.

Therefore, the petition is accepted. Petitioner- Kuldip Singh ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of the trial Court/CJM/Duty Magistrate, Jalandhar, subject to the following conditions:- i) that the petitioner shall furnish two sound local sureties having documentary proof of immovable properties; ii)that the petitioner shall appear in the Court on each and every date of hearing;

CRM-M- 39462 of 2019 -3iii)that the petitioner shall not leave India without the prior permission of the Court and shall surrender his passport, if he has got one, otherwise to furnish affidavit in that regard. ( H.S. Madaan ) 17.1.2020 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No