Regular bail petition in an FIR alleging cheating on the pretext of sending the complainant to Canada. The alleged payment was made to the petitioner's sister, already granted bail. With no specific overt act attributed to the petitioner, custody since May 2024 and challan presented, the High Court allowed bail subject to conditions.
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CRM-M-34055-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
231
CRM-M-34055-2024 (O&M) Date of Decision:- 04.10.2024
GAURAV SAINI
....Petitioner(s)
Versus
STATE OF PUNJAB
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY
Present : Ms. Kushika Setia, Advocate for Mr. S.P.S. Chakkal, Advocate for the petitioner.
Mr. Jatinder Pal Singh, Sr. DAG Punjab.
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SANJIV BERRY, J. (ORAL)
The instant petition has been preferred by the petitioner under
Section 439 CrPC for grant of regular bail to the petitioner in the following
case :-
| FIR No. | Dated | Sections | Police Station |
|---|---|---|---|
| 103 | 28.07.2021 | 420 and 120-B IPC; | Nurpur Bedi, |
| 13 of the Punjab Travel | Rupnagar | ||
| Professional Regulation Act, 2012 |
that the petitioner is innocent and has been falsely implicated in this case. He
submits that the petitioner is in custody since 04.05.2024 and even as per the
SANDAL SHARMA 2024.10.07 12:37 I attest to the accuracy and authenticity of this order/judgment
CRM-M-34055-2024 (O&M) -2-
allegation levelled in the FIR, no amount was paid to the petitioner but was paid to sister of the petitioner namely Ranjit Kaur @ Kushi, who has since been enlarged on bail by learned Additional Sessions Judge, Rupnagar, vide order dated 11.09.2024. Learned counsel for the petitioner submits that the petitioner has no role in the alleged transaction and after the completion of investigation, challan has already been presented in Court of Magistrate for trial. He further submits that the petitioner is not having any other criminal case. Thus prayed for grant of concession of bail to the petitioner.
SANDAL SHARMA 2024.10.07 12:37 I attest to the accuracy and authenticity of this order/judgment
CRM-M-34055-2024 (O&M) -3-
The criminal liability, if any, of the petitioner, could only be determined after the conclusion of trial, which may take sufficient long time. In the circumstances, no purpose would be served by detaining the petitioner any longer.
8 . Pending miscellaneous application(s), if any, stand disposed of.
| (SANJIV BERRY) JUDGE |
||
|---|---|---|
| 04.10.2024 | ||
| S.Sharma(syr) | ||
| i) | Whether speaking/reasoned? | Yes/No |
| ii) | Whether reportable? | Yes/No |
SANDAL SHARMA 2024.10.07 12:37 I attest to the accuracy and authenticity of this order/judgment
1 issue framed by the court
Whether the petitioner should be granted regular bail under Section 439 CrPC in a cheating case where no overt act is attributed to him and the challan has been filed.
3 provisions across 3 enactments
Gaurav Saini
State of Punjab
Sanjiv Berry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
