The single-judge bench of Gurvinder Singh Gill granted anticipatory bail to the petitioner in a case involving che人的 him and forgery under IPC sections 120-B, 420, 467, 468, 471, 474 and Passport Act.
Anticipatory bail granted subject to joining investigation and complying with Section 438(2) Cr.P.C.
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 for the States of Punjab and Haryana At Chandigarh
CRM-M-6665-2022 (O&M) Date of Decision:- 06.8.2022
Mandeep Singh
.... Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. Bhupinder Ghai, Advocate, for the petitioner.
Mr. Krishan K. Chahal, Addl. A.G. Haryana, assisted by SI Krishan Kumar.
GURVINDER SINGH GILL, J . (Oral)
MOHAN SINGH 2022.08.06 03:43 I attest to the accuracy and authenticity of this document
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Kumar s/o Surinder Kumar and by showing himself to be a resident of village Aherwan, Tehsil Ratia, District Fatehabad and that the said Passport had been got issued from the Passport Office at Chandigarh. Upon receiving the said information, the FIR in question was lodged and upon making inquiries, it transpired that at the time of issuance of Passport in the name of Karan Kumar, a detailed verification had been sent to Security Branch and that said Karan Kumar had been identified by Satnam Singh and Harmanpreet. Pursuant to collecting the said information Satnam Singh was arrested by the police. It is the case of prosecution that Harmanpreet could not be arrested and was ultimately declared a ‘Proclaimed Offender’. It was found that the addresses furnished by the said Karan Kumar and also by the person who had verified were found to be incorrect. During the course of interrogation of Satnam Singh, he disclosed that he was helped by Manish and Mandeep for procuring bogus documents. It is further the case of prosecution that the aforesaid persons had furnished documents like PAN Card, detailed mark-sheet card etc., some of which were also found to be forged. It is further the case of prosecution that upon interrogation of Munish he disclosed the name of Tilak Raj who was found to be Data Operator in the Passport Office and whose help accused had sought. Tilak Raj in his disclosure statement named Balwinder as an accused stating that said Balwinder had prepared fake detailed mark-sheet in respect of Karan in whose favour the Passport in question had been issued. Balwinder further stated that he had procured the said certificate from Balbir and
MOHAN SINGH 2022.08.06 03:43 I attest to the accuracy and authenticity of this document
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upon arrest of Balbir, he further nominated Rajinder Thakur from whom the bogus detailed mark-sheet had been procured. The aforesaid accused were arrested between 30.1.2022 and 7.2.2022 and have been in custody ever since the said date.
MOHAN SINGH 2022.08.06 03:43 I attest to the accuracy and authenticity of this document
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that pursuant to interim directions the petitioner has since joined investigation and that investigation already stands concluded and challan stands presented. Learned State counsel has not disputed the fact that another verbatim same FIR has been lodged against the petitioner wherein the petitioner already stands released on anticipatory bail.
| 06.8.2022 | (GURVIN | DER SINGH GILL) | |
|---|---|---|---|
| Mohan | JUDGE | ||
| Whether speaking /reasoned | Yes / No | ||
| Whether Reportable | Yes / No |
MOHAN SINGH 2022.08.06 03:43 I attest to the accuracy and authenticity of this document
3 issues framed by the court
Whether anticipatory bail should be granted when the petitioner faces serious allegations in a case with verbatim FIR details in another identical case where bail was already granted.
Whether custodial interrogation is warranted given that the petitioner has already joined investigation and the challan is presented.
Whether the identical allegations and prior bail grant in a similar case affect the discretion to grant anticipatory bail.
3 provisions across 3 enactments
Mandeep Singh
State of Haryana
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
