Allowed

Jaffar v. State of Haryana

Punjab & Haryana HC15 Mar 2013CRM-M/803/2013

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner in a cheating and forgery case. Finding that over a year had passed with minimal trial progress, the Court held the petitioner eligible for bail while the case remains triable by a Magistrate of the First Class.

What did the court decide?

Petitioner released on bail by furnishing a personal bond of Rs. 50,000 with two local sureties in the like amount.

Jaffar Vs State of Haryana — 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-803 of 2013(O&M) Date of Decision:. 15.03.2013

Jaffar

... Petitioner

vs.

State of Haryana

... Respondent

CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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Present:Mr. D.D. Sharma, Advocate for the petitioner.

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Mr. Sidharth Sarup, DAG Haryana.

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VIJENDER SINGH MALIK,J(ORAL)

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Jaffar, the petitioner seeks regular bail under the provisions of section 437(6) read with section 439 Cr.P.C., in a case registered by way of FIR No. 38 dated 1.2.2011 at Police Station Palam Vihar, District Gurgaon, for an offence punishable under sections 420, 467, 468, 471, 506 and 120-B IPC.

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This is a case where on email ID of the complainant, messages were received that he has won some prize and he was asked to deposit some amount and in response thereto the complainant deposited Rs.17 lacs. It is also the case that thereafter the complainant started receiving threatening calls from these persons and they told him to be eliminated and they were said to be like a net spread throughout the country and they were working like that.

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Learned counsel for the petitioner submits that it is a case triable by the Magistrate of the Ist Class and ultimately the

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Crl. Misc. No.M-803 of 2013 =2=

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petitioner can be sentenced to imprisonment for a period of three years. According to him, the petitioner is in custody since 18.7.2011 and more than one and a half year has passed since then. According to him, the trial has not made any considerable progress and the petitioner is languishing in jail without a speedy trial.

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Learned State counsel, on instructions of ASI Vinod Kumar, submits that only three witnesses have been examined at the trial so far.

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The charge in this case was framed on 6.3.2012 and despite the fact that more than a year has passed, only three witnesses have been examined at the trial out of a total of thirteen witnesses. This is not the required progress in a case where the accused is in custody. The guilt of the accused would have to be proved at the trial after taking evidence and till he is held guilty, he cannot be believed to be guilty. Keeping in view the aforesaid circumstances, without commenting on the merits of the case, I find the petitioner to be entitled to bail during the trial. Therefore, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- with two local sureties in the like amount to the satisfaction of learned trial court.

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March 15,2013 ( VIJENDER SINGH MALIK ) Jiten JUDGE

Jaffar v. State of Haryana

Case brief

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What did the court decide?

Jaffar v. State of Haryana

Case brief

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