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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Harnam Singh - Appellant
Versus
State Of Punjab - Respondent
CRM M No. 24988 of 2021
Decided On : 08-07-2021
Regular Bail - Delay in FIR Registration - The court granted regular bail to the petitioner considering the delay in FIR registration, the petitioner's custody for over 5 months, and the likelihood of trial delay due to the Covid-19 pandemic.
Fact of the Case:
The petitioner sought regular bail in a case involving allegations of receiving a sum of money to send the complainant abroad, with the FIR being registered 3 years after the alleged incident. The petitioner had been in custody for over 5 months.
Finding of the Court:
The court granted the concession of regular bail to the petitioner, taking into account the delay in FIR registration, the petitioner's custody, and the potential trial delay due to the Covid-19 pandemic.
Issues: Delay in FIR registration, petitioner's custody, seriousness of allegations, likelihood of trial delay due to pandemic.
Ratio Decidendi: The delay in FIR registration, the petitioner's custody, and the potential trial delay due to the Covid-19 pandemic were key factors influencing the court's decision to grant regular bail.
Final Decision: The petition was allowed, and the petitioner was ordered to be released on regular bail upon furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
JUDGMENT
Anupinder Singh Grewal, J. - Case taken up through video conferencing.
2. The petitioner is seeking regular bail in FIR No.54 dated 07.03.2018, under Section 420, 120-B IPC, registered at Police Station Zira, District Ferozepur.
3. Learned counsel for the petitioner contends that there is a delay of 03 years in registering the FIR wherein it is alleged that the complainant had given him a sum of Rs. 5 lacs to send him abroad. He, however, contends that the petitioner is an agriculturist and had purchased tractor from the agency of the complainant in April, 2015. He had furnished a security cheque to the complainant and as the petitioner could not pay the installment, tractor was also taken away and the petitioner was involved in the instant case after 03 years i.e. in the year 2018. He has referred to the copy of the statements of loan account dated 20.04.2015, which is annexed as Annexure P-2. He is in custody for over 05 months.
4. Learned State counsel states that as per custody certificate, petitioner is in custody for 05 months and 01 day. He upon instructions from ASI Resham Singh states that the challan has been filed but no prosecution witness has been examined as yet. He further contends that in view of the serious allegation against the petitioner and he being involved in another case, he is not entitled to the concession of regular bail.
5. In view of the above submissions, especially when the petitioner is in custody for over 05 months, Covid 19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.
6. Therefore, without expressing any opinion on the merits of the case, the petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
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