Allowed

Jagmohan Singh Brar v. State of Punjab

Punjab & Haryana HC16 Dec 2023CRM-M/61459/2023

Case brief

AI extract

What is this about?

Single judge order granting anticipatory bail to the petitioner to face trial non-custodially, finding custodial interrogation unnecessary despite allegations of conspiracy involving fake degrees and document manipulation under PC Act and IPC.

What did the court decide?

Petitioner allowed interim anticipatory bail granted on 07.12.2023. Order made absolute. Pending applications disposed.

Jagmohan Singh Brar Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2023)

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CRM-M-61459-2023

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203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-61459-2023 Date of Decision: 16.12.2023

Jagmohan Singh Brar

...Pe""oner

Versus

State of Punjab …Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. S.S. Saron, Advocate for the pe""oner.

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Mr. Shiva Khurmi, A.A.G., Punjab assisted by DSP Vinod Kumar.

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Sta"on	Sec"ons
16	17.07.2023	Vigilance Bureau,	13 (1) (a) read with 13 (2) of
		Ludhiana	PC Act, 1988 and 409, 465,
			466,467,471,420 IPC

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The pe""oner apprehending arrest in the FIR cap"oned above, had come up before this Court under Sec"on 438 CrPC seeking an"cipatory bail.

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Vide order dated 07.12.2023, this Court had granted interim an"cipatory bail to the pe""oner.

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The prosecu"on case is being taken from reply dated 14.12.2023 filed by the concerned DySP. Allega"ons against the pe""oner are that the pe""oner by way of criminal conspiracy, had procured a fake post graduate degree for his wife- Paramjeet Kaur, manipulated the record and verifica"on of the said degree from Magadh University Bodh Gaya (Bihar) to get a job of Lecturer. Even some previous records were also found to be missing which the pe""oner has managed to remove from the Department.

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State counsel opposed the bail on the ground that his custodial interroga"on is required and submits that though he has joined the inves"ga"on but is not co-opera"ng and he was in touch with Mantosh Kumar of the said University.

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Vide order dated 15.12.2023, the pe""oner was directed to remain present in Court on 16.12.2023, Today, pe""oner is present and on a query from this Court, pe""oner states that he is in touch with one Om Parkash who is Nirankari in a Bhawan

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Jyoti Sharma 2023.12.18 17:18 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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CRM-M-61459-2023

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and said Om Parkash has nothing to do with the duplicate and forged cer"ficate. The pe""oner is able to make a stand beyond preponderance of probability.

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Thus, in the en"rety of facts and circumstances of the case, the pe""oner makes out a case for an"cipatory bail and it is neither a case for custodial interroga"on nor pretrial incarcera"on.

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Given above, pe��on is allowed . Interim order dated 07.12.2023 is made absolute. All pending applica"ons, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE

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16.12.2023 Jyo" Sharma Whether speaking/reasoned: Yes Whether reportable: No.

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Jyoti Sharma 2023.12.18 17:18 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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Jagmohan Singh Brar v. State of Punjab

Case brief

What is this about?

What did the court decide?

Jagmohan Singh Brar v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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