Punjab-Haryana High Court
Baldev Singh vs State Of Punjab And Another on 4 May, 2023
Neutral Citation No:=
213 IOIN-CRM-30703-2022 IN/AND
CRR-1745-2022
BALDEV SINGH VS STATE OF PUNJAB AND ANR.
Present: None for the petitioner.
Mr. J.S. Arora, DAG, Punjab.
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1. This case has been listed in IOIN for carrying out correction
regarding name of the petitioner in the order dated 28.04.2023 passed by this
Court in CRM-30703-2022 & CRR-1745-2022.
2. It is noticed that in paragraph No. 8 of the order dated
28.04.2023, name of the petitioner has been mentioned as 'Bikram Singh'
instead of 'Baldev Singh'. It appears that said mistake is inadvertent and
typographical.
3. As a necessary corollary, the name of the petitioner 'Bikram
Singh' wherever appearing in the order dated 28.04.2023, passed in CRM-
30703-2022 & CRR-1745-2022, be read as 'Baldev Singh'.
4. In view of the required correction made through present order
to the main order dated 28.04.2023, passed in CRM-30703-2022 & CRR-
1745-2022, registry is directed to incorporate necessary correction in the
main order dated 28.04.2023.
5. It is further ordered that the corrected order along with today's
order be uploaded on the web-portal of this Court, and this order be made a
part of the record.
6. IOIN-CRM-30703-2022 & CRR-1745-2022 stands disposed of.
(SANJAY VASHISTH)
JUDGE
May 04, 2023
Riya/J.Ram
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Neutral Citation No:=
216 CRM-30703-2022 in/and CRR-1745-2022 (O&M)
BALDEV SINGH VS STATE OF PUNJAB AND ANOTHER
Present: Mr. Rana Gurtej Singh, Advocate for the petitioner.
Mr. J.S. Arora, DAG, Punjab.
Mr. Vimal Kumar Gupta, Advocate for respondent No. 2.
***
1. In the present bail application, on 09.02.2023, following order
was passed:-
" Learned counsel for the applicant-petitioner, inter alia,
contends that out of total sentence of 02 years, the applicant
has already undergone 08 months and fine has already been
deposited by the applicant.
Notice of the application to the respondents.
On the asking of Court, Mr. Jaspal Singh Guru, Assistant
Advocate General, Punjab accepts notice on behalf of
respondent No. 1-State whereas Mr. Vimal Kumar Gupta,
Advocate accepts notice on behalf of respondent No. 2-Bank.
Learned counsel for the State seeks time to file custody
certificate of the applicant-petitioner.
Adjourned to 28.04.2023."
2. For bouncing of cheque No. 465480 dated 10.08.2015 for a sum
of Rs. 3,50,000/- drawn on Punjab National Bank, G.T. Road, Dasuya,,
petitioner was convicted by learned Trial Court for the offence punishable
under Section 138 of the Negotiable Instruments Act. Consequently,
petitioner was ordered to undergo the rigorous imprisonment for a period of
two years and to pay fine amount of Rs.2000/-, and in default of payment of
fine further R. I., for a period of one month.
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3. In the appeal filed by the petitioner, learned trial Court
maintained the judgment of conviction and order of sentence passed by
learned Trial Court vide its judgment dated 11.7.2022. Counsel submits that
by now petitioner has undergone the custody period of more than 11 months
(including remission), out of total sentence period of two years.
4. Counsel also submits that after finding some substantial ground,
present revision petition was admitted vide order dated 09.02.2023 passed
by the co-ordinate Bench of this Court and hearing of the revision petition is
not likely to be there in near future. Thus, counsel prays for granting of bail
by suspending the remaining sentence of the petitioner.
5. On the other hand, counsel representing respondent No. 2
submits that total loan amount was Rs. 37,00,000/- and in discharge of
partial liability to pay back some amount out of the said loan amount,
cheque in question given by the petitioner, got bounced and thus, he has
been rightly convicted by the Courts below. However, he should be
subjected to make some more payment to the bank, which in fact is the
public money.
6. Mr. J.S. Arora, DAG, Punjab, has also furnished the custody
certificate dated 28.04.2023 in the Court today itself. Same is taken on
record. Registry is directed to tag the same at appropriate place.
7. Learned State counsel submits that petitioner has undergone
total actual sentence period of 10 months and 05 days and including
remission 11 months and 10 days inside jail. He further submits that as per
custody certificate, petitioner is not involved in any other case.
8. Considering all the circumstances, including total sentence
period already undergone by the petitioner inside jail and the admitted
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position that final hearing of the revision petition is not likely to be there in
near future, I deem it appropriate to grant bail to the petitioner during the
pendency of the revision petition.
Accordingly, remaining sentence period of petitioner, namely,
Baldev Singh, is suspended and he is ordered to be released on bail in this
case, subject to his furnishing bail/surety bonds to the satisfaction of learned
Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, if
not required in any other case.
9. However, considering the fact that the alleged loan amount
given by the respondent is a public money, an attempt for amicable
settlement of the dispute would be made and for the said purpose, after
coming out of the jail in pursuance to the present bail order, petitioner and
respondent-Bank through its representative, would appear before the
Mediation and Conciliation Centre of this Court on 10.05.2023.
10. For awaiting report, adjourned to 26.07.2023.
(SANJAY VASHISTH)
JUDGE
April 28, 2023
Riya
Neutral Citation No:=
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