IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Lalit Batra, J.
Pardeep Singh - Appellant
Versus
State Of Punjab - Respondent
C.R.M.M. No. 38503 of 2020
Decided On : 07-07-2021
Regular Bail - Allegations under Sections 120-B, 420, 465, 467, 468 and 471 IPC - The court granted regular bail to the petitioner, considering the fact that the petitioner was in custody for a significant period, not required for further investigation, and the trial would take sufficient time to conclude.
Fact of the Case:
The petitioner filed a petition for grant of regular bail in a case where he was charged under Sections 120-B, 420, 465, 467, 468 and 471 IPC. The petitioner argued that the allegations in the FIR were false and frivolous, and he was no longer required for investigation purposes.
Finding of the Court:
The court, without commenting on the merits of the case, granted the petitioner regular bail, considering the length of time the petitioner had already been in custody, the completion of the investigation, and the expected duration of the trial.
Issues: The main issue was whether the petitioner should be granted regular bail despite the seriousness of the alleged offences.
Ratio Decidendi: The court decided that due to the petitioner's prolonged custody, lack of further investigation need, and the expected lengthy trial process, it would serve no useful purpose to detain the petitioner further, and thus granted him regular bail.
Final Decision: The court allowed the petition for grant of regular bail and ordered the release of the petitioner on bail upon furnishing personal/surety bonds to the satisfaction of the Trial Court/Chief Judicial Magistrate/Duty Magistrate, Sangrur.
JUDGMENT
Lalit Batra , J. - Present petition under Section 439 Cr.P.C has been moved by petitioner-Pardeep Singh for grant of regular bail in case FIR No.54 dated 01.06.2020 under Sections 120-B, 420, 465, 467, 468 and 471 IPC, registered at Police Station Sherpur, District Sangrur.
2. Learned senior counsel for the petitioner inter alia contends that allegations levelled in the FIR are totally concocted, false and frivolous and there is no iota of truth therein. He further submits that petitioner is in custody since 29.08.2020 and he is no more required by the Investigating Agency for any investigation purpose. He further submits that after completion of investigation, final report under Section 173 Cr.P.C. (Challan) has already been presented in Court on 20.10.2020. He further submits that since trial of the case would take sufficient time to conclude, no useful purpose would be served by keeping the petitioner in custody further and he may be released on bail.
3. On the other hand, learned State counsel filed custody certificate, which is taken on record, and while opposing instant petition, he has vehemently argued that keeping in view seriousness of offence, petitioner does not deserve the concession of bail.
4. I have heard learned counsel for the parties and carefully gone through the records.
5. At this stage, without commenting anything on the merits of the case lest it may prejudice the outcome of the trial but taking into consideration the fact that petitioner is in custody since 29.08.2020; that petitioner is no more required by the Investigating Agency for investigation purpose; that final report under Section 173 Cr.P.C. (Challan) has already been presented in Court and since trial of the case would take sufficient time to conclude, no useful purpose would be served by detaining the petitioner in custody further, thus, he deserves the concession of bail.
6. In view of above, instant petition for grant of regular bail moved by petitioner-Pardeep Singh is allowed and he is ordered to be released on bail on his furnishing personal/surety bonds to the satisfaction of Trial Court/ Chief Judicial Magistrate/Duty Magistrate, Sangrur, as the case may be.
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