Allowed

Balbir Singh v. State of Punjab

Punjab & Haryana HC15 May 2013CRM-M/10952/2012

Case brief

AI extract

What is this about?

Petitioner Balbir Singh sought pre-arrest bail in a cheating and forgery case. While the State argued the petitioner was Balwan Singh using a fake name, the court noted the petitioner's cooperation and prior interim bail. It was held that the controversy of identity requires trial court evidence and the petitioner was entitled to bail.

What did the court decide?

Pre-arrest bail granted; order dated 19.04.2012 granting interim anticipatory bail made absolute.

Balbir Singh Vs State of Punjab — Cheating and Forgery | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No.M-10952 of 2012(O&M) Date of Decision: 15.05.2013

Balbir Singh

... Petitioner

vs.

State of Punjab

... Respondent

CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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Present:Mr. Sunil Agnihotri, Advocate for the petitioner. Ms. Anmol Grewal, AAG Punjab.

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VIJENDER SINGH MALIK,J(ORAL)

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Balbir Singh, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 3 dated 13.1.2012 at Police Station Dasuya, District Hoshiarpur, for an offence punishable under sections 177, 419, 420, 465, 468, 471 and 120- B IPC.

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Learned counsel for the petitioner submits that the petitioner is in service since 1976. According to him, the petitioner has joined the investigation and nothing has to be recovered from him. He further submits that the petitioner never submitted any fake certificate. He further submits that the allegations are against one Balwan Singh and not against the petitioner.

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Learned State counsel, on the other hand, admits that the petitioner has joined the investigation, but she submits that the petitioner has not cooperated with the investigation. She further submits that petitioner has not got recovered the fake

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Crl. Misc. No.M-10952 of 2012 =2=

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certificates. She further submits that original name of the person is Balwan Singh and under the fake name of Balbir Singh, he has got himself enrolled in the service.

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The petitioner is before this court for the last more than one year. He was granted the concession of interim bail one year back and he has joined the investigation. In the FIR the allegation is that a person named Balbir Singh under the assumed name of Balwan Singh got himself enrolled in the Army and thereafter he was boarded out of the Army. If it is a fact, then the petitioner who is still working in the name of Balbir Singh cannot be the same person.

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Learned State counsel, on the other hand, again submits that the petitioner is named Balwan Singh and Balbir Singh is his assumed name. She further submits that Balwan Singh and Balbir Singh are brothers and they have interchanged their certificates. This is a controversy which needs elaborate evidence for decision which will be in the domain of the trial court. The petitioner has already joined the investigation and looking to all these circumstances, I find him to be entitled to pre-arrest bail. Consequently, the petition is allowed and order dated 19.04.2012 granting interim anticipatory bail to the petitioner is made absolute.

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May 15,2013 ( VIJENDER SINGH MALIK ) Jiten JUDGE

Balbir Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Balbir Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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