Punjab-Haryana High Court
Hardeep Kumar Alias Lali vs State Of Punjab on 20 November, 2023
2023: PHHC:146940
214
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-57321-2023
Date of decision:- 20.11.2023
Hardeep Kumar @ Lali
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Sukhdeep Singh Sidhu, Advocate
for the petitioner.
Mr. I.P.S. Sabharwal, AAG Punjab
HARPREET SINGH BRAR, J. (Oral)
1. Prayer in the present petition is made for grant of regular bail in case
FIR No. 59 dated 04.08.2023 registered under Section 409 of IPC at Police Station
Bhadaur, District Barnala.
2. Perusal of the present FIR indicates that the same was lodged on the
complaint made by co-villagers of the petitioner on the allegation that the
petitioner is Commission Agent and they have given money to him for which he
agreed to give half yearly interest on the said amount and for the same he has
executed the Promissory Notes of different dates in favour of the complainant and
other co-villagers and as such the allegations are levelled that the petitioner has
duped his co-villagers to the tune of Rs. 1,29,87,346/-.
3. Learned counsel for the petitioner contends that the petitioner is
working as a Commission Agent for the last more than 30 years and he has been
regularly paying interest to his co-villagers and it is only during the occurrence of
COVID pandemic that he suffered huge loss and he was unable to pay the interest
in time. The petitioner being a responsible citizen is taking all effective steps to
pay the amount due towards him. For this purpose he has also sold his land and
REENA
2023.11.20 18:40
| attest to the accuracy and
integrity of this order/ judgment
Chandigarh
2023:PHHC: 146940
around Rs. 80 lacs has already been paid to the concerned persons, details of which
has been given in para 4 of the present petition. The receipts and self declaration
issued by these persons is annexed herewith as Annexure P-2.
4. Per contra learned State counsel has opposed the grant of regular bail
on the ground that he has duped a large number of persons and as such he does not
deserve the concession of regular bail.
5. Having heard learned counsel for the parties and after perusing the
record of the case with their able assistance, it transpires that the investigation is
complete and the final report under Section 173 Cr.P.C. has already been filed on
29.09.2023. The petitioner is behind the bars since 05.08.2023 and out of 46
prosecution witnesses, none has been examined so far.
6. Without commenting upon the merits of the case, lest it may prejudice
the outcome of the trial, this Court is inclined to allow the present petition.
7. Accordingly, the petition is allowed. The petitioner is ordered to be
released on regular bail, subject to his furnishing bail/surety bonds to the
satisfaction of the CJM/Duty Magistrate concerned.
8. Nothing observed hereinabove shall be construed as expression of
opinion of this Court on merits of the case and the trial Court shall proceed without
being prejudiced by observations of this Court.
(HARPREET SINGH BRAR)
November 20, 2023 JUDGE
reena
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
REENA
2023.11.20 18:40
| attest to the accuracy and
integrity of this order/ judgment
Chandigarh
