Mangal Singh v. State Of Punjab

CRM-M-52225-2018 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-52225-2018 (O&M) Date of Decision: 08.04.2019 Mangal Singh .... Petitioner

Versus

State of Punjab .... Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Navkiran Singh, Advocate for the petitioner. Ms. Sudeepti Sharma, Addl. AG, Punjab.

Mr. Lalit Sharma, Advocate for Mr. BD Sharma, Advocate for the complainant.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C., petitionerMangal Singh, has prayed for grant of regular bail in case FIR No.156 dated 30.09.2016 registered under Sections 406, 420 and 120-B IPC at Police Station 'B' Division, Amritsar.

According to the prosecution, the petitioner along with his accomplice, namely; Harkirat Singh and Satnam Singh, cheated complainant-Jagtar Singh, for `17,25,000/- and innocent general public for approximately `1.5 cores, on false promises of giving huge returns on their investments, through their company under the name and style 'Winning Edge India Multi Purpose LLP'.

Learned counsel inter alia contends that co-accused of the petitioner, namely; Harkirat Singh and Satnam Singh, have been granted RISHU KATARIA 2019.04.09 16:27 I attest to the accuracy and integrity of this document

CRM-M-52225-2018 (O&M) -2bail by the trial Court, vide orders dated 14.03.2017 and 16.12.2017 (Annexure P-3 and P-4, respectively). The petition for cancellation of their bail bearing CRM-M-16525-2017 filed by complainant was dismissed by this Court vide order dated 21.03.2018 (Annexur P-5). The petitioner could not be granted bail by the trial Court, because at the relevant time, he was proclaimed offender. The petitioner is in custody since 29.09.2018. Conclusion of trial may take long time. No useful purpose would be served by detaining him in jail. Thus, treating the case of the petitioner on the same parity as that of his co-accused, he may be released on regular bail.

On the other hand, learned State counsel assisted by learned counsel for the complainant vehemently opposed the submissions of learned counsel for the petitioner.

Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner-Mangal Singh, is ordered to be released on bail pending trial, on his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned. April 08, 2019 (RAMENDRA JAIN) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2019.04.09 16:27 I attest to the accuracy and integrity of this document