Allowed

Gurmeet Singh @ Jeeta v. State of Punjab

Punjab & Haryana HC19 May 2010CRM-M/13678/2010

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner in a cheating case involving counterfeit currency. Since the State conceded the offence was solely under bailable Section 489-C IPC, the petition was accepted. The judge further directed issuance of instructions to trial magistrates to ensure accused in bailable offences are not unnecessarily kept in custody.

What did the court decide?

Petition accepted; petitioner ordered to be released on bail to the satisfaction of the trial court or Duty Magistrate.

Gurmeet Singh @ Jeeta Vs State of Punjab — Cheating and Forgery | Punjab & Haryana HC (2010)

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Crl. Misc. No. M- 13678 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 13678 of 2010 (O&M) Date of decision: May 19, 2010

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Gurmeet Singh @ Jeeta ...Petitioner

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Versus

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State of Punjab ...Respondent

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CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH

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Present: Mr. Sandeep Arora, Advocate, for the petitioner.

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Mr. AS Brar, Sr. DAG, Punjab.

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GURDEV SINGH, J.

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Heard.

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This petition has been filed by Gurmeet Singh @ Jeeta -petitioner, under Section 439 of the Criminal Procedure Code for regular bail in FIR No. 58 dated 9.3.2010 registered at Police Station Nakodar, District Jalandhar, under Sections 489-A, 489-B and 489-C IPC. The only accusation against the petitoiner is that counterfeit Indian currency notes and American dollars were recovered from his possession.

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It has been fairly conceded by learned State counsel that the offence was only under section 489-C IPC, which is bailable. Therefore, this petition is accepted and the petitioner is ordered to be released on bail to the satisfaction of the trial court/Duty Magistrate, Jalandhar.

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Before parting with this order, I want to show my concern about the cases pertaining to bailable offences. Many a times it so happens

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Crl. Misc. No. M- 13678 of 2010

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that at the time of recording of the FIR, even those offences are mentioned in the requisite column of the FIR, which are not made out from the facts of the case. The Magistrates, Additional Sessions Judges and Sessions Judges get influenced by the nature of the offences so mentioned in the FIR, without adverting to the facts of the case in order to determine whether those offences are, in fact, made out or not. This results in keeping the accused in custody even where the offences are bailable.

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The matter be placed before Hon'ble the Chief Justice, for issuing necessary instructions to that effect to the Magistrates, Additional Sessions Judge and Sessions Judges, posted in the States of Punjab and Haryana and Union Territory, Chandigarh.

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May 19, 2010 (GURDEV SINGH ) prem JUDGE

Gurmeet Singh @ Jeeta v. State of Punjab

Case brief

What is this about?

What did the court decide?

Gurmeet Singh @ Jeeta v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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