Sukhwinder Singh Sandhu @ Sukha And Another v. State Of Punjab

2023:PHHC:128705 CRM-M-54094-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-54094-2022 Date of Decision: 04.10.2023 Sukhwinder Singh Sandhu @ Sukha and another ...... Petitioners

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Randeep Singh Dhull, Advocate, for the petitioners.

Mr. Jaspal Singh Guru, AAG, Punjab, for the respondent-State.

***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present petition has been filed by the petitioners under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.132 dated 11.06.2022, registered under Sections 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860, at Police Station Focal Point, District Ludhiana.

2.

It is submitted by the learned counsel for the petitioners that the case against the petitioners is totally false and concocted. The petitioners are not involved in the crime as alleged against them. Moreover, the coaccused, against whom there were more serious allegations, have already been released on bail pending trial by the co-ordinate Bench of this Court. The petitioners are in custody for the last five months. Therefore, they are VIRENDRA SINGH ADHIKARI 2023.10.05 18:13 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:128705 CRM-M-54094-2022 -2not required for any investigation purposes. Hence, the petitioners deserve to be released on bail pending trial.

3.

On the other hand, learned State counsel, being instructed by ASI Bhupinder Singh, has submitted that the petitioners made an attempt to usurp and dispose of the land of daughter of the complainant. For the said purpose, the petitioners have fabricated the documents and impersonated the daughter of the complainant, as well. Therefore, the petitioners are involved in a serious offence. However, it is not disputed that except the present petitioners, all the co-accused of the petitioners have already been released on bail and that the petitioners are in custody for the last five months.

4.

In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioners are ordered to be released on bail pending trial subject to their furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 04.10.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.10.05 18:13 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh