Petitioner sought preponement and regular bail in a cheating case. The High Court, noting completed investigation and COVID-19 delays, allowed the petition and directed regularization without questioning merits.
Petitioner allowed; preponement of hearing; directed to be released on regular bail on execution of bond to satisfaction of trial court.
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.
PANKAJ KUMAR -1- 2020.07.22 14:46 I attest to the accuracy and integrity of this document
CRM-M No.9495 of 2020 (O&M)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.9495 of 2020 (O&M)
Date of Decision.22.07.2020 (Heard through VC)
Gurmeet Singh
...Petitioner
Vs
The State of Haryana
...Respondent
CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Govind Chauhan, Advocate for the petitioner.
Ms. Dimple Jain, AAG, Haryana.
-.-
JAISHREE THAKUR J. (ORAL)
CRM No.16020 of 2020
Prayer in the application is for preponment of the bail application, which is now listed for 14.08.2020.
With the consent of both the parties, the application is allowed and hearing of the main petition is preponed for today itself.
CRM-M No.9495 of 2020
This is a petition that has been filed for grant of regular bail in case FIR No.497 dated 17.06.2019 under Sections 406 and 420 IPC registered at Police Station Civil Lines (Karnal).
Counsel for the petitioner herein would contend that there is no role attributed to the petitioner regarding offence of cheating. The petitioner is the original owner of the car, which was subsequently sold to another person, who in turn sold the same to the complainant. He further contends that the petitioner is in custody since 24.11.2019. The investigation is complete and the challan has already been presented,
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CRM-M No.9495 of 2020 (O&M)
therefore, the petitioner is entitled to concession of bail.
Learned counsel appearing for the respondent-State opposes the regular bail while contending that no ground is made out for granting concession of regular bail.
I have heard learned counsel for the parties.
Keeping in view the fact that the investigation is complete and the challan has already been presented, coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.
| (J |
AISHREE THAKUR) JUDGE |
|
|---|---|---|
| July 22, 2020 | ||
| Pankaj* | Whether speaking/reasoned | Yes/No |
| Whether reportable | Yes/No |
1 issue framed by the court
Whether the petitioner is entitled to regular bail given the completion of investigation and challan presentation in the context of COVID-19 constraints.
Gurmeet Singh
The State of Haryana
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
