Punjab-Haryana High Court
Jagtar Singh vs State Of Punjab on 1 April, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:042600
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-12547-2024 (O&M)
Date of Decision:- 01.04.2024
Jagtar Singh ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Rohan Garg, Advocate, for the petitioner.
Mr. Gauravdeep Singh Dhaliwal, AAG, Punjab.
*****
FIR DATE POLICE STATION OFFENCES
NO.
242 22.11.2023 City Budhlada, District 420, 465, 467, 468, 471, 120-B
Mansa IPC
GURVINDER SINGH GILL, J. (Oral)
1. The instant petition has been filed on behalf of the petitioner seeking
grant of regular bail in respect of aforementioned FIR.
2. The FIR in question was lodged on the basis of a secret information
received by the police to the effect that Jagtar Singh, Jasvir Kaur,
Gaurav Kumar, Parveen Kaur, Shammi Kaur and Manjit Kaur had
constituted a gang and they used to collect ID proofs from innocent
unsuspecting persons while holding out a promise of getting loans
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sanctioned in their favour. The information was further to the effect
that after collecting ID proofs, the said persons used to prepare forged
documents of such persons and also used to get SIM cards issued in
their names so as to get their bank accounts opened. The accused,
however, used to retain the ATM cards, pass-books and SIM cards of
such persons with them and later on supplied the same to Ravi,
Mosam Khan and Sabar Khan, residents of Rajasthan, who used to
defraud people and transfer amounts to the said bank accounts opened
on the basis of forged documents. The information was further to the
effect that even on the given day, Jagtar Singh, Jasbir Kaur, Gaurav
Kumar, Parveen Kaur, Shammi Kaur and Manjit Kaur were present in
Budhlada and were collecting ID proofs from innocent gullible
persons and that in case a raid is conducted, they could be caught red-
handed.
3. It is further the case of prosecution that pursuant to receipt of said
information, the police swung into action and conducted a raid at the
nominated place wherefrom the accused were apprehended alongwith
a car. The search of dash-board of the car led to recovery of 2 HDFC
bank kits, 2 mobile phones and Rs.5000/-. The bank kits comprised of
cheque book, pass-book & ATM card. One red coloured pouch of
Airtel containing 1 SIM was also recovered. The search of Jasvir
Kaur yielded recovery of Rs.4000/-, 7 SIMs and kit of HDFC Bank, 1
mobile phone, 1 cheque book, 1 passbook, 1 ATM card, 1 SIM card
and ID proofs i.e. PAN card and voter card of Kudeep Kaur. From
second kit, 1 cheque book, 1 passbook, 1 ATM card, 1 SIM of JIO
company were recovered. Search of Gaurav Kumar yielded recovery
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of 1 mobile phone, some ID proofs i.e. Aadhar card and voter card of
Rekha Rani, PAN card and Aadhar card of Jiwan Singh. From Manjit
Kaur, 1 mobile phone and from Sammi Kaur, 1 mobile phone and
Rs.4000/- were recovered.
4. Learned counsel for the petitioner submitted that he has falsely been
implicated in the present case and that there is no evidence to show
that the petitioner had committed any of the offence alleged by the
prosecution. It has also been submitted that three co-accused of the
petitioner have already been granted the concession of bail by this
Court and as such the petitioner also deserves the concession of bail
on parity.
5. Opposing the petition, learned State counsel submitted that since the
petitioner is specifically named in the FIR and was caught at the spot
when a raid was conducted and some incriminating articles in the
shape of Bank Opening kits, SIM cards etc. were recovered, his
complicity is clearly evident. Learned State counsel has, however,
informed that the petitioner as on date has been behind bars since the
last about 4 months and that though challan has been presented, but
charges are yet to be framed.
6. This Court has considered the rival submissions addressed before this
Court.
7. Without commenting anything as regards the merits of the case, but
having regard to custody of petitioner and the fact that three co-
accused of the petitioner namely Manjeet Kaur, Parveen Kaur and
Shammi Kaur @ Shammy Kaur have already been granted bail, his
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further detention will not serve any useful purpose as the conclusion
of trial will take some time inasmuch as charges are yet to be framed.
The petition, as such, is accepted and the petitioner is ordered to be
released on regular bail on his furnishing bail bonds/surety bonds to
the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty
Magistrate concerned.
01.04.2024 ( GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
integrity of this order/judgment
