High CourtsSingle Bench

Gurlal Singh @ Gerry Singh vs State Of U.T., Chandigarh

Punjab And Haryana At Chandigarh · Decided on 6 January 2021 · Citation: (2021) 01 P&H CK 0061

HON’BLE JUDGES
Lalit Batra, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 420 · Immigration Act, 1983 — Section 24
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 43751 Of 2020
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Judgment

19 paragraphs · 345 words

Lalit Batra, J

Case has been taken up for hearing through Video Conferencing.

This petition under Section 439 Cr.P.C is for grant of regular bail to petitioner-Gurlal Singh @ Gerry Singh in case FIR No.231 dated 02.12.2020 under

Section 420 IPC and Section 24 of Immigration Act, registered at Police Station South Sector-34, Chandigarh.

Learned counsel for the petitioner INTER ALIA contends that petitioner has no nexus whatsoever with the alleged offence. He further submits that

petitioner has been falsely implicated in the instant case. He further submits that otherwise the matter has been compromised between the parties as

per Compromise Deed dated 30.12.2020. He further submits that petitioner is in custody since 03.12.2020 and he is no more required by the Police for

any investigation purpose. He further submits that since presentation of challan and trial of the case would take sufficient time to conclude, no useful

purpose would be served by keeping the petitioner in custody further and he may be released on bail.

On the other hand, learned State counsel on instructions from Sub Inspector Vijay Kumar and learned counsel for the complainant have given

concurrence to the factum of compromise between the parties.

I have heard learned counsel for the parties and have carefully gone through the record.

At this stage, without commenting anything on the merits of the case lest it may prejudice the outcome of the trial but taking into consideration the fact

that petitioner is in custody since 03.12.2020; that petitioner is no more required by the Investigating Agency for investigation purpose; that since

presentation of challan and trial of the case would take sufficient time to conclude, no useful purpose would be served by detaining the petitioner in

custody further, thus, he deserves the concession of bail.

In view of above, instant petition for grant of regular bail moved by petitioner-Gurlal Singh @ Gerry Singh is allowed and he is ordered to be released

on bail on his furnishing personal/surety bonds to the satisfaction of Trial Court/ Chief Judicial Magistrate/Duty Magistrate, Chandigarh, as the case

may be.