Single-judge order allowing regular bail to the petitioner charged with fake currency under Section 141 of NI Act. The court granted bail due to recovery of notes already effected and the unavailability of the Mint report, noting the delayed investigation.
Bail allowed to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sangrur.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-1082 of 2017 Date of decision : January 20, 2017
Vijay Kumar ....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. Mohd. Salim, Advocate, for the petitioner Mr. P.S.Paul, DAG, Punjab, for the respondent
Fateh Deep Singh, J. (Oral)
The allegations against petitioner Vijay Kumar in this regular bail application under section 439 Cr.P.C. are that he along with his coaccused non-applicants was hauled up for fake currency racket.
The contentions of counsel for the petitioner are that from the petitioner only Rs 20,000/- alleged to be fake Indian currency by way of 10 notes each of Rs 2000/- denomination were recovered and that no further evidence has come forth against the petitioner who is in custody since 12.12.2016.
Though on behalf of the State, the bail is opposed but with all fairness Mr. Paul has accepted that the allegation against the petitioner is only being found in possession of fake currency and there is no other allegation and evidence against him.
Dalbir Singh Tiwana 2017.01.24 15:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-1082 of 2017 -2-
Keeping in view the stand of the State and that the recovery has already been effected and the petitioner is behind the bars since 12.12.2016, at this juncture report of the MINT has not been received to vouch for the counterfeiting of the notes and the fact that the investigation and trial are not likely to be concluded in near future, without adverting to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sangrur.
The present petition stands disposed off accordingly.
( Fateh Deep Singh ) January 20, 2017 Judge 'tiwana' Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No
Dalbir Singh Tiwana 2017.01.24 15:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
2 issues framed by the court
Whether bail should be granted in a fake currency case where recovery has been effected and the Mint report is pending.
Whether the ongoing investigation and lack of Mint report justify release on bail at this stage.
2 provisions across 2 enactments
Vijay Kumar
State of Punjab
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
