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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Hardeep Singh @ Gurjeet Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The petitioner is seeking the concession of regular bail, filed under Section 439 Cr.P.C, in case FIR No.41, dated 06.09.2024, under Sections 406, 409, 420, 465, 467, 468, 471, 120-B IPC and Section 13(1), 13(2) of Prevention of Corruption Act, registered at Police Station, Vigilance Bureau, District Patiala.
2. Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in the present case and has been in custody since 17.09.2024. It has been submitted that it is a matter of record that the petitioner had obtained a loan of Rs.2.5 lacs from the complainant Bank and at the time of raising the loan he had mortgaged a property on 18.04.2008. The omission with respect to not making the relevant entries in the revenue records was attributable to the co-accused Patwari and the petitioner was totally unaware about the same. Counsel has contended that since investigation in the present case is complete as the challan already presented before the Trial Court, further incarceration of the petitioner would serve no useful purpose as charges are likely to be framed only on the next date of hearing coupled with the fact that since
The court granted bail based on the prolonged custody of the petitioner and the nature of evidence being documentary, mitigating the risk of tampering.
Point of Law : Legal position set out in the decision referred to hereinabove, the instances of forgery committed by the applicant, not only in the transactions entered with the complainant but also ....
The main legal point established in the judgment is the seriousness of the allegations, the need for custodial interrogation to uncover the modus operandi, and the court's discretion in dismissing th....
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
Bail cannot be declined to an accused only because accused is charge-sheeted for a grave economic offence.
Anticipatory bail can be granted if the accused is a first offender and there is no prima facie evidence of wrongdoing, subject to stringent conditions to ensure compliance.
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