Citation : 2023 Latest Caselaw 8994 P&H
Judgement Date : 5 June, 2023
Neutral Citation No:=2023:PHHC:081533
205
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
2023:PHHC:081533
CRM-M-27914-2023
Date of Decision: 05.06.2023
Ankush
. . . . Petitioner
Vs.
State of Haryana
. . . . Respondent
****
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL ****
Present Mr. B.S. Mamli, Advocate for the petitioner.
Mr. Gagandeep Singh Chhina, AAG, Haryana.
**** SANDEEP MOUDGIL, J.(Oral)
Present petition is being filed under section 439 Cr.P.C. for grant
of regular bail to the petitioner in case FIR No.0474 dated 16.10.2022
(Annexure P-1) under sections 419, 420, 467, 468, 471 of IPC registered at
Police Station Sector 17, HUDA, Jagadhri, Yamuna Nagar, District Yamuna
Nagar.
Learned counsel for the petitioner contends that the petitioner
has only identified Rajiv who has actually committed the forgery. It is further
asserted by the learned counsel for the petitioner that co-accused Rajiv is the
main culprit, who brought the petitioner to give surety for his brother.
Counsel has also asserted the fact that main accused Pankaj alias Kalu, whose
surety was given in another FIR No.509 dated 26.04.2018, has been released
on probation vide judgment of conviction dated 11.02.2019 and order of
sentence dated 15.02.2019 (Annexure P-2).
Learned State counsel, on the other hand, has produced the
custody certificate wherein the petitioner has faced one month and four days
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Neutral Citation No:=2023:PHHC:081533
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in jail, with the addition that in fact the petitioner is the one who identified
Rajiv as the deceased Surender and made valiant attempt to mislead the
whole investigation.
Considering the facts that nothing is to be recovered from the
petitioner, investigation is complete and the challan stands submitted before
the Court on 18.05.2023, no useful purpose would be served by detaining the
petitioner in custody for an indefinite period wherein nothing is to be
recovered from him.
Admittedly, as has been candidly accepted by the learned State
counsel, wherein trial will take long time which is at the initial stage, the
petitioner is directed to be released on bail on furnishing his bail bonds/surety
bonds to the satisfaction of the trial Court/Duty Magistrate.
(SANDEEP MOUDGIL)
JUDGE
June 05, 2023
mohit
1. Whether speaking/reasoned? Yes/No
2. Whether reportable? Yes/No
Neutral Citation No:=2023:PHHC:081533
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