Gurcharan Singh v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-51717-2021 (O&M) Date of Decision:- 22.4.2022 Gurcharan Singh .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Abhinav Gupta, Advocate, for the petitioner. Mr. Amandeep S. Gill, Sr. DAG, Punjab.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No.114 dated 5.10.2019, Police Station Division No.2, Pathankot, District Pathankot, under Section 420/34 IPC.

2.

The FIR was lodged at the instance of Vakul Malhotra wherein it is alleged that the petitioner along with co-accused had duped him and complainant's sister of an amount of Rs.11 lakhs on the pretext of getting them employed in some private NGO.

3.

Learned counsel submits that the matter infact related to some monetary transaction of an amount of Rs.3.5 lakhs which was MOHAN SINGH 2022.04.22 05:40 I attest to the accuracy and integrity of this document

- 2 - CRM-M-51717-2021 (O&M) amicably resolved amongst the parties and a written compromise dated 21.9.2018 (Annexure P-3) had also taken place, but since the petitioner due to certain financial constraints could not pay the said amount, the FIR had been lodged falsely.

4.

On the other hand, learned State counsel has submitted that since the petitioner has been specifically named and there are specific allegations against him, no case for grant of bail is made out. It has however, been informed that the petitioner as on date has been behind bars since the last about 6 months and he is not involved in any other case.

5.

I have considered rival submissions addressed before this Court. 6.

Without expressing anything as regards the merits of the case, but while noticing that the petitioner has been behind bars for a substantial period of about 6 months and challan already stands presented and the petitioner is not involved in any other case, the petition is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 22.4.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.04.22 05:40 I attest to the accuracy and integrity of this document