Punjab-Haryana High Court
Baldev Singh vs State Of Punjab on 10 August, 2023
Neutral Citation No:=2023:PHHC:103849
CRM-M-37894-2023 (O&M) 2023:PHHC:103849
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
232
CRM-M-37894-2023 (O&M)
Date of decision: 10.08.2023
Baldev Singh
....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Vikram Jeet Singh, Advocate for the petitioner
Mr. H.S. Sullar, Sr. DAG Punjab
*****
AMAN CHAUDHARY, J.
1. Prayer in the present petition filed under Section 439 Cr.P.C. is for
the grant of regular bail to the petitioner in case FIR No.106 dated 21.07.2022,
registered under Sections 489-B, 489-C, 379 and 420 IPC (Sections 489-A, 411
and 201 IPC added later on), at Police Station City Khanna, District Khanna.
2. Learned counsel contends that the petitioner is in custody for more
than 1 year. Though, the petitioner was named in the FIR, however, the recovery
of the counterfeit currency as well as the printer were effected from the co-accused
Sandeep Singh, who has been granted bail by this Court vide order dated
03.05.2023, Annexure P-3, after being in custody for 9 months. Co-accused Nitesh
Kumar @ Niteshpal and Parvez @ Bachi have also been granted regular bail by
this Court vide orders dated 25.01.2023 and 08.05.2023. Recovery of Rs.500/- has
been effected from the petitioner. Challan was presented on 21.09.2022 but
charges have not been framed. In all there are 13 prosecution witnesses. The
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petitioner is involved in one more case under the IPC, however, is on bail. In this
regard, reliance is placed on the judgment of Hon'ble The Supreme Court in
Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.
3. The custody certificate dated 09.08.2023 has been filed by learned
State counsel. As per the same, the petitioner is behind bars for 1 year and 10
days.
4. Learned State counsel opposes the bail on the ground that the
petitioner is a part of a group that deals with fake currency notes, which were
recovered from co-accused Sandeep Singh, while counterfeit currency note of
Rs.500/- was recovered from the petitioner. He is however unable to controvert
the submissions with regard to stage of case, co-accused having been granted bail
and the petitioner being on bail in another case.
5. Heard.
6. Hon'ble The Supreme Court in the case of Maulana Mohd. Amir
Rashadi (Supra) had held that, "As observed by the High Court, merely on the
basis of criminal antecedents, the claim of the second respondent cannot be
rejected. In other words, it is the duty of the Court to find out the role of the
accused in the case in which he has been charged and other circumstances such as
the possibility of fleeing away from the jurisdiction of the Court etc."
7. Considering the facts and circumstances of the case, in particular that
the petitioner is in custody for the last 1 year and 10 days; on bail in another case;
co-accused having been granted bail; challan stands presented on 21.09.2022,
however, charges are yet to be framed and in all there are 13 prosecution
witnesses, the trial is likely to take a considerable time, thus his further
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incarceration would not serve any useful purpose, the present petition for grant of
regular bail deserves to be allowed.
8. As a result, the present petition is allowed. The petitioner is ordered
to be released on regular bail, subject to his furnishing bail/surety bonds to the
satisfaction of trial Court/Duty Magistrate concerned and subject to his not being
required in any other case. The petitioner shall abide by the following conditions:-
(i) The petitioner will not tamper with the evidence during
the trial.
(ii) The petitioner will not pressurize/ intimidate the
prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each
and every date fixed, unless is exempted by a specific
order of Court.
(iv) The petitioner shall not commit an offence similar to the
offence of which, he is an accused, or for commission of
which he is suspected of.
(v) The petitioner shall not directly or indirectly coerce,
induce, threaten or promise to any person acquainted
with the facts of the case so as to dissuade him/ her from
disclosing such facts to the Court or to any police officer
or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
(vii) The petitioner shall furnish his address and mobile
number to the Trial Court forthwith and shall not change
the same till the conclusion of the trial and in case for
any reason, the petitioner seeks to change any of the
aforesaid, the same shall be done only with prior
intimation to the learned Trial Court, stating the reason
for the same.
(viii) The petitioner shall not leave the country without prior
permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other
condition, as deemed appropriate while releasing the
petitioner.
9. It is made abundantly clear that in case there is any breach of the
aforesaid conditions, the State shall be at liberty to seek cancellation of bail as
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granted to the petitioner by this order.
10. In view of the above, it is clarified that the observations made herein
are limited for the purpose of present proceedings and would not be construed as
an opinion on the merits of the case and the trial would proceed independently of
the aforesaid observations.
(AMAN CHAUDHARY)
JUDGE
August 10, 2023
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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