Lal Singh Saini And Anr vs State Of Ut Chandigarh
2022 Latest Caselaw 336 P&H

                                 In virtual Court


CRM-M-3025-2022                                                         -1-



           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH


                                                CRM-M-3025-2022 (O&M)
                                                Date of decision: 01.02.2022

Lal Singh Saini and another
                                                                    ... Petitioners



                                          Vs.



U.T. Chandigarh
                                                                   ... Respondent


CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. A.D.S. Sukhija, Advocate
             for the petitioners.

             Mr. Sumit Jain, Addl. PP, U.T. Chandigarh.

                   *******

ARVIND SINGH SANGWAN, J. (ORAL)

Prayer in this petition is for grant of regular bail in FIR No.262

dated 29.06.1991 under Section 420 IPC (Section 120-B IPC was added later

on), registered at Police Station Central, U.T. Chandigarh.

Learned counsel for the petitioners submits that the allegations

pertain to the period 1984-1989 and the FIR was registered in 1991. It is further

submitted that primary allegations are against M/s Vishav Kiran Savings and

1 of 3

In virtual Court

Finance Ltd., Chandigarh, wherein the victims had made certain deposits with

an assurance of high return within a period of 05 years and both the petitioners,

who were directors of the said Finance Company, were never arrested and were

declared proclaimed offenders. It is also submitted that in the present FIR, two

challans were presented; in first challan, four persons namely Roshan Lal Saini,

Hakam Singh, Ram Karan Saini and Surinder Kumar Arya faced full length

trial and vide judgment dated 17.07.2003, the Judicial Magistrate 1st Class,

Chandigarh acquitted them, as the prosecution witnesses did not come forward

to record their statements and subsequently, another challan was presented,

wherein the aforesaid accused persons were convicted, however, the matter was

compromised before the first appellate Court and offences were compounded

and they were acquitted. Now both the petitioners about 68 years of age and are

in custody for the last 03 months and 11 days and it will take long time in

conclusion of the trial.

Learned counsel has relied upon the medical certificate of

petitioner No.1 Lal Singh Saini, to submit that he is 100% disabled due to

paralysis and petitioner No.2 is also facing health related issues.

Learned State counsel has filed the custody certificate dated

01.02.2022 in the Court today. As per this custody certificate, the petitioners are

in custody for the last 03 months and 11 days and are not involved in any other

case.

After hearing learned counsel for the parties, without commenting

anything on merits of the case and considering the aforesaid submissions, this

2 of 3

In virtual Court

petition is allowed and the petitioners are directed to be released on regular bail

subject to furnishing their bail/surety bonds to the satisfaction of the trial

Court/Illaqa Magistrate/Duty Magistrate, concerned.

Petition is disposed of.

                                          [ ARVIND SINGH SANGWAN ]
01.02.2022                                          JUDGE
vishnu


Whether speaking/reasoned : Yes/No

Whether Reportable        : Yes/No




                                 3 of 3