Pargat Singh v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 22.4.2022 Pargat Singh .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. S.S.Sidhu, 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.146, dated 24.10.2021, Police Station Nathana, District Bathinda, under Sections 419, 420, 465, 467, 468, 471, 171, 120-B IPC. 2.

The allegations, in nutshell, are that a couple i.e. a lady named Jasvir Kaur who was posing herself to be a Judicial Officer, posted in Rajasthan and her husband had been cheating innocent persons while representing that the said lady was a judicial officer. The allegations is further to the effect that the petitioner had been driving the car in which the said couple used to travel.

- 2 - 3.

Learned counsel for the petitioner submits that he had been working as a driver with the said couple having been appointed as such through a private employment agency as would be evident from Annexure P-2. Learned counsel further submits that there is nothing on record to suggest that the petitioner shared any mens rea with the other two co-accused or to suggest that he had benefitted from any amount allegedly collected by the co-accused while representing that one of the co-accused was working as a judicial officer. It has further been submitted that the petitioner has a clean record and since challan already stands presented, he deserves the concession of bail.

On the other hand, learned State counsel has submitted that the petitioner was hands in gloves with the co-accused and had been arrested alongwith the co-accused and as such it is very apparent that he alongwith co-accused had been cheating innocent persons. Learned State counsel has however, informed that the petitioner as on date has been behind bars for the last about 5 months and that challan already stands presented and also that the petitioner otherwise is not involved in any other case.

5.

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

Although, it is correct that the petitioner is specifically named, but at this stage the State counsel has not been able to point out anything towards the complicity of the petitioner other than that he had been present alongwith the other co-accused. Without commenting any further as regards merits of the case, but while noticing that the petitioner has been behind bars since the last about 5 months and

- 3 - challan already stands presented and that the petitioner otherwise has a clean record, 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