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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Jasjit Singh Bedi, J.
Naresh Kumar - Appellant
Vs.
State of Punjab - Respondent
CRM. M. No. 54452 of 2023 (O & M)
Decided On : 15-03-2024
Bail - Criminal Offenses - IPC 420, 465, 467, 468, 471, 120-B - The court allowed the petitioner's bail application under Section 439 Cr.P.C. in a case involving multiple sections of the Indian Penal Code related to economic offenses and forgery.
Fact of the Case:
The petitioner sought regular bail in a case involving various sections of the Indian Penal Code related to economic offenses and forgery. The complaint alleged that the accused had forged documents and opened a bank account in the name of the complainant and his father.
Finding of the Court:
The court considered the petitioner's custody since a specific date, the non-examination of prosecution witnesses, and the triability of the case by a Magistrate. It also noted the grant of anticipatory bail to a co-accused. The court allowed the bail application, emphasizing that the petitioner's further incarceration was not required.
Issues: The key issues revolved around the petitioner's entitlement to bail, considering the nature of the offenses, the duration of custody, and the status of the trial.
Ratio Decidendi: The court's decision was influenced by the petitioner's prolonged custody, the non-examination of prosecution witnesses, and the triability of the case by a Magistrate. The court also considered the grant of anticipatory bail to a co-accused.
Final Decision: The court allowed the petitioner's bail application and imposed conditions for his release, emphasizing that further incarceration was not required.
JUDGMENT :
1. The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail to the petitioner in a case FIR No.257 dated 20.12.2022 under Sections 420, 465, 467, 468, 471 and 120-B IPC registered at Police Station Kotwali, Patiala, District Patiala.
2. The present complaint came to be registered at the instance of Jai Inder Singh and reads as under:-
(1) That I am NRI and resides at abroad in Canada and at this time I am in India and I, my father, brother and mother have an agricultural land measuring 98 Acre in village Suniaar Heri, Tehsil and District Patiala and we are owner in possession over the above said land.
(2) That I and my Brother Manwinder Singh is residing abroad country and my father is senior citizen and Handicapped and cannot walk and patient of Sugar Decease, because of which right foot of my father has cut.
(3) That above said Ravi Inder Singh, who is ours nephew in relation and is our neighbor has already been cheated us on many occasions and the accused no. 2 Harbans Singh, accused no. 3 Naresh Kumar and accused no. 4 Joginderpal etc are his companions and beside them other unknown persons also their companions and these persons in connivance with each other by hatching criminal conspiracy; had been prepared forged Biana/Agreement to Sell of our abovesaid land of village Suniaar Heri, Tehsil and District Patiala and we have come to know this fact from some reliable sources, whereas we have not executed any agreement to sell our land with abovesaid accused persons and have not been prepared any agreement to sell in their favor. It is important to mention here that the above mentioned accused persons have been prepared forged GPA to sell out our (mine and my father's) 55 Acre land. Regarding this matter we have already been lodged an FIR No: 202, dated 15.07.2021 under sections 420, 467, 468, 471, 120-B of IPC at Police Station Triparri, Patiala. Beside this an FIR No: 001 dated 27-10-2021, under sections 420,465, 467, 468, 471, 120-B of IPC and under section 67 of Information & Technology Act, is also registered at Police Station Crime Wing, District Mohali and in this case, Ravi Inder Singh has been compromised the matter with the complainant by paying him Rs. 3.00 Crores. It is also important to me
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