Nirmal Singh @ Kuldeep Singh And ANR v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-55647-2018 (O&M) Date of Decision:-26.2.2019 Nirmal Singh @ Kuldeep Singh and another ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sandeep Arora, Advocate for the petitioners. Mr. Randhir Singh Thind, DAG, Punjab.

***** GURVINDER SINGH GILL, J . (Oral) Petitioners approached this Court seeking grant of anticipatory bail in a case registered vide FIR No.109 dated 27.6.2018 under Sections 420 and 406 of IPC at Police Station City Batala, District Gurdaspur. The FIR was lodged at the instance of Satnam Singh wherein it has been alleged that he was informed by Kulbir Singh that his brother-inlaw Gurdeep Singh can help in getting a government job. It is alleged that the complainant met Gurdeep Singh and a deal was struck for getting an appointment for the complainant's son as a Clerk for an amount of ` 3 lacs. The complainant handed over an amount of `50,000/- to said Gurdeep Singh on 22.10.2018 and another amount of ` 40,000/- on 25.10.2018. Another amount of ` 1,50,000/- was given in instalments out of which amount of ` 50,000/- was given to Gurdeep Singh and his wife and their younger son KAMAL KUMAR 2019.02.27 11:16 I attest to the accuracy and integrity of this document

CRM-M-55647-2018 Billa. The complainant, however, alleged that no job was ever procured for his son and he was thus defrauded.

The learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in the present case and that in any case the main allegations in the present case are against Gurdeep Singh, who has since been released on regular bail. It has been submitted that the petitioners have been implicated simply in order to pressurize Gurdeep Singh, as the petitioners happened to be his sons. Opposing the petition, the learned State counsel has submitted that petitioner No. 2 is named in the FIR as Billa and that in these circumstances, the petitioners, who are sons of the main accused, do not deserve the concession of bail.

Having regard to the facts and circumstances of the case and also while bearing in the mind the fact that the main allegations are against the accused Gurdeep Singh, it is a fit case for grant of bail. As such, the present petition is hereby accepted and interim directions issued by this Court vide order dated 17.12.2018 are hereby made absolute. The petitioners are, however, again directed to appear before the Investigating Officer as and when called for.

This petition stands disposed of accordingly. 26.2.2019 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No KAMAL KUMAR 2019.02.27 11:16 I attest to the accuracy and integrity of this document