Present: Mr.V.K.Kaushal Advocate Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1142157
CourtPunjab and Haryana High Court
Decided OnMay-30-2014
AppellantPresent: Mr.V.K.Kaushal Advocate
RespondentState of Punjab
Excerpt:
crm no.m-14914 of 2014 1 in the high court of punjab and haryana at chandigarh212crm no.m-14914 of 2014 date of decision:30.05.2014 balkar singh .....petitioner versus state of punjab .....respondent coram: hon'ble mr.justice mehinder singh sullar. present: mr.v.k.kaushal, advocate, for the petitioner. ms.amarjit kaur khurana, additional advocate general, punjab, for the respondent-state. **** mehinder singh sullar , j.(oral) petitioner-balkar singh son of harbans singh, has directed the instant petition for the grant of regular bail, in a case registered against him along with his other main co-accused sarabjit singh and others.vide fir no.77 dated 20.07.2012, on accusation of having committed the offences punishable under sections 419, 420, 465, 467, 468, 471 and 120-b ipc, by the police of police station arniwala, district fazilka. 2. notice of the petition was issued to the state. 3. after hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. indisputedly, the petitioner is not a beneficiary, in any rani seema 2014.05.30 16:48 i attest to the accuracy and integrity of this document high court chandigarh crm no.m-14914 of 2014 2 manner, from the alleged sale-deed. sarabjit singh, vendee, who is beneficiary, has already been allowed bail in this case. moreover, the petitioner was arrested on 19.11.2013. since then he is in judicial custody and no useful purpose would be served to further detain him in jail. there is no history of his previous involvement in any other criminal case. all the offences alleged against the accused are triable by the court of magistrate. since, even charges have not yet been framed against the accused, so, the conclusion of trial will naturally take a long time. 5. in the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the cours.of trial, the instant petition for regular bail is hereby accepted. the petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial court. needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. may 30, 2014 (mehinder singh sullar) seema judge rani seema 2014.05.30 16:48 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

CRM No.M-14914 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH212CRM No.M-14914 of 2014 Date of Decision:30.05.2014 Balkar Singh .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE Mr.JUSTICE MEHINDER SINGH SULLAR.

Present: Mr.V.K.Kaushal, Advocate, for the petitioner.

Ms.Amarjit Kaur Khurana, Additional Advocate General, Punjab, for the respondent-State.

**** MEHINDER SINGH SULLAR , J.(oral) Petitioner-Balkar Singh son of Harbans Singh, has directed the instant petition for the grant of regular bail, in a case registered against him along with his other main co-accused Sarabjit Singh and otheRs.vide FIR No.77 dated 20.07.2012, on accusation of having committed the offences punishable under Sections 419, 420, 465, 467, 468, 471 and 120-B IPC, by the police of Police Station Arniwala, District Fazilka.

2.

Notice of the petition was issued to the State.

3.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.

4.

Indisputedly, the petitioner is not a beneficiary, in any Rani Seema 2014.05.30 16:48 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-14914 of 2014 2 manner, from the alleged sale-deed.

Sarabjit Singh, vendee, who is beneficiary, has already been allowed bail in this case.

Moreover, the petitioner was arrested on 19.11.2013.

Since then he is in judicial custody and no useful purpose would be served to further detain him in jail.

There is no history of his previous involvement in any other criminal case.

All the offences alleged against the accused are triable by the Court of Magistrate.

Since, even charges have not yet been framed against the accused, so, the conclusion of trial will naturally take a long time.

5.

In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the couRs.of trial, the instant petition for regular bail is hereby accepted.

The petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court.

Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail.

May 30, 2014 (MEHINDER SINGH SULLAR) seema JUDGE Rani Seema 2014.05.30 16:48 I attest to the accuracy and integrity of this document High Court Chandigarh