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2021 Supreme(P&H) 224

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVNEESH JHINGAN, J.
Sanjay Kumar – Appellant
Versus
State of Punjab - Respondent
CRM-M-8124-2021
Decided on : 01-04-2021

Advocates:
Advocate Appeared:
For the Appellant :Mr. Manbir Singh Basra, Advocate
For the Respondent: Mr. A.A. Pathak, Adv

The court considered the circumstances of the case, including the petitioner's custody, repayment of the disputed amount, and the stage of investigation and trial, in granting bail.

Headnote:

Bail - Indian Penal Code - Grant of Bail in FIR No. 107

Fact of the Case:

The petitioner sought bail in a case involving allegations of duping the complainant of Rs. 5.30 lakhs on the pretext of getting her a job.

Finding of the Court:

The court considered the petitioner's custody since December 2020, repayment of the disputed amount to the complainant, completion of investigation, and the likelihood of trial taking time. The court granted bail to the petitioner.

Issues: Bail application in a case involving allegations of cheating and conspiracy under the Indian Penal Code.

Ratio Decidendi: The court considered the petitioner's custody, repayment of the disputed amount, completion of investigation, and the likelihood of trial taking time as grounds for granting bail.

Final Decision: The petitioner was granted bail, with a clarification that the decision should not be construed as an expression of opinion on the merits of the case.

JUDGMENT :

AVNEESH JHINGAN, J.

1. The matter is taken up for hearing through video conference due to COVID-19 situation.

2. This is a petition for grant of bail in FIR No. 107, dated 14th November, 2020, under Sections 420 and 120-B of the Indian Penal Code, 1860, registered at Police Station Talwara, District Hoshiarpur.

3. The FIR was registered at the instance of Sudesh Kumari. The allegations were that she was duped of Rs. 5.30 lakhs by all the accused on the pretext of getting her a job.

4. Mr. Manbir Singh Basra, learned counsel for the petitioner submits that co-accused Poonam Kumari and Vikas Mohan were granted anticipatory bail by this Court. The submission is that one of the fact considered was that entire alleged amount was repaid to the complainant. He relies upon order dated 24th March, 2021 passed by this Court in CRM-M-44212-2020. The contention is that petitioner is in custody since 10th December, 2020 and investigation is complete.

5. Learned counsel for the State opposes the prayer for grant of bail.

6. Considering the facts that the petitioner is in custody since December, 2020; the disputed amount has been repaid to the complainant; investigation is complete and conclusion of trial is likely to take time, the petitioner is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned.

7. The petition is allowed.

8. However, it is clarified that nothing stated hereinabove shall be construed as an expression of opinion on the merits of the case.

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