A bail application in a fake currency case where the petitioner was convicted in a prior instance due to inflammatory FIR allegations but lacking evidence in the current charge.
Trial court directed to conclude trial within six months of receiving order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.No.M-24686 of 2014 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-24686 of 2014 (O&M) Date of Decision: August 25, 2014
Sukhbir Singh @ Raja
.....Petitioner
v.
State of Punjab
......Respondent
CORAM: HON'BLE MR.JUSTICE NARESH KUMAR SANGHI
Present: Mr.N.S.Sodhi, Advocate for the petitioner.
Mr.Shilesh Gupta, Additional Advocate General, Punjab.
NARESH KUMAR SANGHI, J.
Prayer in this petition is for grant of regular bail to the petitioner, Sukhbir Singh @ Raja, who has been booked for having committed the offences punishable under Sections 489-B, 489-C and 420, IPC, in a case arising out of FIR No.69, dated 02.04.2012, registered at Police Station, Kotwali, District Patiala.
Learned counsel contends that the petitioner is behind the bars from 02.04.2012; from the evidence produced by the prosecution, no offence punishable under Sections 489-B, 489-C
MEENU 2014.08.28 12:57 I attest to the accuracy and integrity of this document chandigarh
Crl.M.No.M-24686 of 2014 (O&M)
and 420, IPC, is made out against the petitioner; the petitioner has been involved in a second case of similar nature at the behest of politicians and that in spite of long incarceration of the petitioner, the prosecution has not been able to lead its entire evidence.
On the other hand, the learned counsel for the State submits that a similar case was registered earlier against the petitioner and he has been held guilty by the learned Court below and ordered to undergo rigorous imprisonment for three years. Learned counsel further contends that out of 12 witnesses, 2 have been completely examined; the depositions of two witnesses have been recorded partly while 3 witnesses have been given up; the next date before the learned trial Court is 09.09.2014; the prosecution is trying hard to complete the prosecution evidence at the earliest. He further contends that in view of huge recovery of the fake currency worth `2.00 lacs, the petitioner does not deserve the concession of bail. Punishment prescribed for the offence punishable under Sections 489-B, IPC, is up to life imprisonment.
I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.
MEENU 2014.08.28 12:57 I attest to the accuracy and integrity of this document chandigarh
Crl.M.No.M-24686 of 2014 (O&M)
It is the 4th application seeking the same relief. It is the second case against the petitioner for retaining the fake currency. In the earlier one, as stated by the learned counsel for the State, the petitioner has already been convicted and sentenced. In the case in hand fake currency of `2.00 lacs was effected from him. Out of 12 witnesses, 3 have been given up while 2 have been completely examined and partial deposition of two more witnesses have been recorded.
In view of the totality of the facts and circumstances of the case, no ground for grant of bail is made out.
Dismissed.
However, there appears some merit in the alternative argument of learned counsel for the petitioner that in view of the long incarceration of the petitioner, learned trial Court be directed to expedite the trial and, as such, the learned trial Court is directed to conclude the trial within six months after receipt of a copy of this order.
August 25, 2014 meenu
(NARESH KUMAR SANGHI) JUDGE
MEENU 2014.08.28 12:57 I attest to the accuracy and integrity of this document chandigarh
2 issues framed by the court
Whether regular bail should be granted to the petitioner alleged to have committed offences under Sections 489-B, 489-C and 420 IPC.
Whether the trial court should be directed to expedite the trial due to the petitioner's long incarceration.
3 provisions across 1 enactments
Sukhbir Singh @ Raja
State of Punjab
NARESH KUMAR SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
