High Court of Punjab and HaryanaCRM-M/57214/2018allowed

Anil Kumar v. State Of Haryana

2019-07-04Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.57214 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.57214 of 2018 Decided on: 04.07.2019 Anil Kumar ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. B.S. Khehar, Advocate for the petitioner.

Mr. Deepak Grewal, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.409 dated 27.07.2018, for offence punishable under Sections 406, 420, 467, 468, 471, 506, 120-B of the Indian Penal Code (in short 'IPC'), registered at Police Station City Yamuna Nagar, District Yamuna Nagar.

Counsel for the petitioner has submitted that as per the allegations in the FIR, the petitioner was running a business of committee (chit) and has taken certain amounts from the complainant. It is further submitted that the petitioner is in judicial lock up since 28.09.2018; challan stands presented and the co-accused of the petitioner have already been granted the concession of regular bail. It is also submitted that the offences are triable by the Court of Magistrate and it will take long time in conclusion of the trial. MOHD YAKUB 2019.07.04 15:58 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.57214 of 2018 Counsel for the State, on instructions from HC Anil Kumar, assisted by counsel for the complainant has, however, submitted that some other complaints are also pending against the petitioner. Without commenting anything on merits of the case, considering the fact that the petitioner is in custody for the last 09 months as per the Custody Certificate filed in the Court today and also in view of the fact that the investigation is complete and the conclusion of the trial will take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 04.07.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.07.04 15:58 I attest to the accuracy and authenticity of this document High Court, Chandigarh