Punjab-Haryana High Court
Baltej Singh vs State Of Punjab on 24 September, 2014
Author: Sabina
Bench: Sabina
CRM No.M-16661 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-16661 of 2014
Date of decision:- 24.09.2014.
Baltej Singh
......Petitioner
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. J.S. Bedi, Senior Advocate with
Mr. Lovekirat S. Chahal, Advocate for
the petitioner.
Mr. V.P.S. Sidhu, AAG, Punjab.
Mr. Sunil Chandha, Senior Advocate with
Mr. M.S. Atwal, Advocate for the complainant.
Mr. S.S. Behl, Advocate for
complainant-Mumtaz Ahmed.
****
SABINA, J.
Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in case FIR No.40 dated 11.04.2014 under Sections 420/120-B of the Indian Penal Code, 1860, registered at Police Station City-I, Malerkotla, District Sangrur.
Heard.
Prosecution story, in brief, is that the petitioner, in connivance with his co-accused, has defrauded the complainant by selling his property.
Petitioner is in custody since 11.04.2014. Challan has SANDEEP SETHI 2014.09.24 16:35 I attest to the accuracy and integrity of this document CRM No.M-16661 of 2014 -2- already been presented in Court and conclusion of trial may take time.
So far as other criminal cases registered against the petitioner are concerned, it has been stated by the senior counsel for petitioner that in FIR No.28 dated 30.03.2007 under Section 323, 324, 506 IPC registered at Police Station Sherpur, FIR No.1 dated 05.01.2007 under Sections 148, 336, 149, 506 IPC, registered at Police Station Sherpur, FIR No.59 dated 17.07.2007 under Section 427, 447, 506, 148, 149 IPC registered at Police Station Sherpur, FIR No.100 dated 27.12.2005 under Sections 336, 148, 149 IPC and Section 27 of the Arms Act, 1959 registered at Police Station Sherpur and FIR No.38 dated 29.04.2008 under Sections 309, 447, 511, 120-B IPC registered at Police Station Sherpur, the matter was relating to personal dispute between the parties and cross cases were registered at the instance of the petitioner side. The matter was compromised and accused were ordered to be released on probation. So far as FIR No.37 dated 22.04.2008 under Sections 420, 465, 467, 468, 471, 120-B IPC, registered at Police Station Sherpur is concerned, petitioner was found innocent during investigation and the accused who had faced trial were acquitted by the trial court. So far as FIR No.80 dated 05.06.2013 under Sections 406, 420, 120-B IPC registered at Police Station City Malerkotla is concerned, petitioner was granted anticipatory bail and the challan has not been presented so far. The report of the Forensic Science Laboratory was in favour of the accused. So far as FIR No.51 dated 19.07.2011 under Sections 182, 193, 195, 211, 217, 118 IPC and Section 7/8 of the prevention of Corruption Act, 1988 registered at Police Station Lambra is concerned, the matter was under investigation and in the said FIR, the allegation against the petitioner was that he had SANDEEP SETHI 2014.09.24 16:35 I attest to the accuracy and integrity of this document CRM No.M-16661 of 2014 -3- made a false statement in another FIR. So far as FIR No.97 dated 20.07.2007 under Sections 308, 341, 323, 506, 34 IPC registered at Police Station City Malerkotla is concerned, the name of the petitioner was kept in column No.2. So far as FIR No.18 dated 13.03.2007 under Sections 420/120-B IPC registered at Police Station Lambrah, District Jalandhar is concerned, cancellation report had been filed but now the matter has been referred for further investigation. So far as FIR No.254 dated 16.10.2009 under Sections 420/467/468/120-B IPC, registered at Police Station City Barnala is concerned, cancellation report has been accepted by the Court.
Keeping in view the facts and circumstances of the present case and the fact that the petitioner is in custody since 11.04.2014, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Sangrur.
(SABINA) JUDGE September 24, 2014.
sandeep sethi SANDEEP SETHI 2014.09.24 16:35 I attest to the accuracy and integrity of this document