Allowed

Onkar Singh v. State of Punjab

Punjab & Haryana HC22 Mar 2013CRM-M/6425/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana accepted a petition for anticipatory bail under Section 438 Cr.P.C. to make interim bail absolute, noting the petitioner had joined investigation and there was no prior criminal history in triable Magistrate offences.

What did the court decide?

The prayer for anticipatory bail was accepted and the interim bail was made absolute subject to conditions under Section 438(2) Cr.P.C.

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

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CRM No.M-6425 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-6425 of 2013(O&M) Date of Decision:22.03.2013

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Onkar Singh .....Petitioner

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Versus

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State of Punjab .....Respondent

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CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.D.S.Pheruman, Advocate, for the petitioner.

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Mr.Deep Singh, Assistant Advocate General, Punjab, for the respondent-State.

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MEHINDER SINGH SULLAR , J.(oral)

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Petitioner-Onkar Singh son of Bahadur Singh, has preferred the instant petition for the grant of anticipatory bail in a case registered against him along with his other co-accused, by means of FIR No.121 dated 14.07.2012, on accusation of having committed the offences punishable under Sections 419, 420, 465, 467, 468 and 471 IPC, by the police of Police Station Dera Bassi, District S.A.S.Nagar, Mohali, invoking the provisions of Section 438 Cr.P.C.

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Notice of the petition was issued to the State.

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After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

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The present case was registered against the accused on the statement of complainant-Daljit Singh, inter alia, with the allegations that some unknown persons have obtained the loan in his name, by preparing

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CRM No.M-6425 of 2013 2

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false documents from Punjab & Sind Bank, Branch at Bhankarpur. It is not a matter of dispute that the photographs of Gursewek Singh @ Kala (not of the petitioner) were produced before the bank authorities at the relevant time. The name of the petitioner is not mentioned in the FIR. He was subsequently involved during the course of inquiry on the statement of his co-accused, bank Manager. All the documents are already available with the Bank and nothing is to be recovered from the petitioner. Moreover, he was granted interim anticipatory bail, to enable him to join the investigation by this Court, by virtue of order dated March 11, 2013.

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At the very outset, on the instructions from SI Kuldeep Chand, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation, at this stage. There is no history of his previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. The final conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of other facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner by this Court, by way of order dated March 11, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C.

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CRM No.M-6425 of 2013 3

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Needless to mention that, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this regard.

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March 22, 2013 ( M EHINDER S INGH S ULLAR) seema JUDGE

Onkar Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Onkar Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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