Allowed

Jai Singh v. State of Haryana

Punjab & Haryana HC2 Mar 2012CRM-M/35648/2011

Case brief

AI extract

What is this about?

In this bail petition under Section 439 Cr.P.C., the High Court granted regular bail to the petitioner in a cheating and forgery case. The court held that despite the appeal court's view on consistency, the duration of the trial and prolonged detention warranted release.

What did the court decide?

Petition accepted; petitioner ordered to be released on regular bail pending trial to the satisfaction of the Chief Judicial Magistrate, Jhajjar.

Jai Singh Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-35648 of 2011 (O&M) Date of decision: 2^nd March, 2012

Jai Singh

… Petitioner

Versus

State of Haryana

… Respondent

CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Mr. Brijender Kaushik, Advocate for Mr. Bhupinder Singh Saroha, Advocate for the petitioner.

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Ms. Priyanka Dalal, Assistant Advocate General, Haryana for the State.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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Present petition has been filed under Section 439 Cr.P.C. praying for grant of regular bail to the petitioner in a case arising out of FIR No.20 dated 05.02.2011 registered at Police Station Line Paar, Bahadurgarh under Sections 420, 467, 468 and 471 IPC, during pendency of the trial.

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The petitioner had earlier approached this Court for grant of bail vide CRM No.M-30486 of 2011, but the same was dismissed as withdrawn on October 12, 2011. The Coordinate Bench, which had earlier declined bail to the petitioner, on November 29, 2011 issued notice of motion for 6^th January, 2012, on which date the same Bench (which had earlier declined the relief) ordered that the case be listed as per roster after obtaining orders from Hon’ble the Chief Justice.

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Criminal Misc. No. M-35648 of 2011 (O&M)

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This Court, on February 9, 2012, had passed the following order:

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“This Court, in view of the earlier denial of the relief to the petitioner, is of the view that it will not be able to record a divergent opinion.

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At this stage, counsel for the petitioner has relied upon ‘State of Maharashtra v. Capt. Buddikota Subba Rao’ 1989(2) RCR (Criminal) 612 and ‘Harjeet Singh @ Seeta v. State of Punjab’ 2002(2) RCR (Criminal) 541 to contend that judicial propriety demands that the successive bail applications should be listed before a Bench, which had earlier declined the relief.

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In view of the above said judgments relied upon by counsel for the petitioner, the matter be listed before the Bench, which had earlier declined the relief sought, after obtaining appropriate orders from Hon’ble the Chief Justice.”

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Under the orders of Hon’ble the Chief Justice, again this petition has been listed before me.

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Case of the prosecution is that the petitioner had duped Rashmi Arora complainant. Rashmi Arora had complained that the accused approached the complainant for purchase of her plot and lateron it was learnt that the plot was sold by the petitioner in favour of one Manpreet Kaur after impersonating her and he also got a forged sale deed registered. The petitioner is stated to be in custody since 11^th May, 2011. Prosecution has submitted the report under Section 173 Cr.P.C. and has cited 25 witnesses. It is stated that till today, no witness has been examined.

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Criminal Misc. No. M-35648 of 2011 (O&M)

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Taking into consideration that it is a case of magisterial trial and the trial will take a long time to conclude, this Court is of the view that further detention of the petitioner in this case is not called for.

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Hence, the present petition is accepted and the petitioner is ordered to be released on regular bail, during pendency of the trial, to the satisfaction of Chief Judicial Magistrate, Jhajjar.

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[KANWALJIT SINGH AHLUWALIA] JUDGE

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March 2, 2012 rps

Jai Singh v. State of Haryana

Case brief

What is this about?

What did the court decide?

Jai Singh v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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