Punjab-Haryana High Court
Suresh Kumar vs State Of Haryana on 29 November, 2019
Author: Harinder Singh Sidhu
Bench: Harinder Singh Sidhu
CRM-M-48376 of 2019 #1#
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-48376 of 2019
Date of decision: 29.11.2019
Suresh Kumar
....Petitioner
Versus
State of Haryana
....Respondent
CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. R.S Bains, Advocate for the petitioner.
Mr. Saurabh Girdhar, AAG, Haryana.
HARINDER SINGH SIDHU, J.
Prayer is for grant of regular bail in case FIR No.0017 dated 07.12.2018 under Sections 120-B,409,418,467,468,471,477-A IPC, Section 13 (2)/13(1)(c0/13(1)(d)(i)/13(1)(d)(ii) of P.C Act registered at P.S SVB, Karnal.
Broadly the allegations in the FIR are that Dharamvir Singh, Public Health Engineer, Circle Jind vide letter dated 18.8.2016 intimated that the petitioner along with co-accused Amrik Singh, SDE, PHESD No.1 Jind and Subhash, Sub Divisional Clerk, PHESD, Division No.1 Jind had defrauded the government money of Rs.24,84,745/- by fabricating bills, forging signatures in connivance with Angrej Singh and Manjeet Government Contractors.
Learned counsel for the petitioner contends that no voucher was signed by the petitioner. His signatures are also not on the measurement book and that he had no role in the alleged fraud. He states that the petitioner is in custody since 15.07.2019. The petitioner has been roped in on the basis of disclosure statement suffered by co-accused and that no loss has caused to the State as the entire amount has been deposited in the government account.
Opposing the petition, the learned State counsel has submitted that the petitioner has embezlled the amount and his involvement is established in the investigation.
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CRM-M-48376 of 2019 #2#
Without commenting anything on the merits of the case and also bearing in mind the custody period of the petitioner besides the fact that he is not wanted in any other case, in my opinion, no useful purpose will be served by detaining the petitioner behind bars any further. The petition, as such, is accepted. The petitioner Suresh Kumar is ordered to be released on bail on her furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
However, in case the petitioner indulges in any activity akin to one for which he has been convicted, while on bail, the prosecution agency will be at liberty to seek the cancellation of the order granting bail to the petitioner.
This present petition stands accepted accordingly November 29, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No 2 of 2 ::: Downloaded on - 13-01-2020 01:44:32 :::