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Judgment
6 paragraphs · 250 wordsArvind Singh Sangwan, J
This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 240 dated 13.12.2018, for offence punishable under Section 420 IPC at Police Station City Malout, District Sri Muktsar Sahib.
Learned counsel for the petitioner submits that as per allegations in the FIR, registered at the instance of complainant Iqbal Singh, it is stated that he has given Rs. 10 Lakh to the petitioner for sending him to Canada, however, neither he was sent to Canada nor his money was returned to him.
Learned counsel further submits that the petitioner is in judicial custody for the last 10 months and 07 days; challan stands presented; charges have been framed and even on prosecution witness has been examined by the trial Court.
Learned State counsel, on the basis of the custody certificate filed today in Court, while opposing the bail, submits that the petitioner is involved in one more case of similar nature.
After hearing learned counsel for the parties, without commenting upon the merits of the case, considering the fact that the petitioner is in judicial custody for the last more than 10 months; offence is triable by the Court of a Magistrate and conclusion of trial may take some time, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate, concerned.