This order grants bail to Faqir Chand in an extortion case registered on secret information. The judge held that absent specific complaints of money extraction, the prima facie evidence against the petitioner was weak, warranting release during trial.
Petitioner to be released on regular bail during trial to the satisfaction of the trial court.
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CRM-M No.2623 of 2011
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In the High Court of Punjab and Haryana, Chandigarh.
CRM-M No.2623 of 2011 (O&M)
Date of Decision: 22.02.2011
Faqir Chand
....Petitioner
Versus
State of Punjab
....Respondents.
Coram:- Hon'ble Mr. Justice Alok Singh
Present: Mr. Pawan Kumar, Sr. Advocate with Mr. Anshuman Mandhar, Advocate
for the petitioner.
Ms. Bhavna Gupta, D.A.G., Punjab for the State.
Alok Singh, J (Oral).
This is an application seeking regular bail in case FIR No.58 dated 20.12.2010 under Sections 384/420 IPC, P.S. Daresi, District Ludhiana.
Learned counsel for the petitioner states that petitioner is in judicial custody w.e.f. 27.12.2010 and none has complained about extortion of money by the petitioner – accused.
Present case was registered on the secret information that in the
CRM-M No.2623 of 2011
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garb of beauty parlour, accused is involved in extorting money from the clients.
In the absence of any complaint that money was extorted from the clients, prima-facie, I find weight in the argument of the learned counsel for the petitioner.
Considering totality of the facts and circumstances of the case, present petition is allowed. The petitioner is directed to be released on bail during the trial to the satisfaction of the trial Court.
22.02.2011 sk.
1 issue framed by the court
Whether bail should be granted in an accused involved in alleged extortion registered on secret information without client complaints.
Faqir Chand
State of Punjab
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
