High CourtsSingle Bench

Jagjit Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 10 December 2020 · Citation: (2020) 12 P&H CK 0188

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 419, 420, 467, 468, 471
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 40563 Of 2020 (O&M)
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Judgment

18 paragraphs · 377 words

Gurvinder Singh Gill, J

1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.138 dated 5.7.2019 at Police

Station Civil Lines Amritsar, District Police Commissionerate, Amritsar under Sections 419, 420, 467, 468, 471 and 120-B of Indian Penal Code.

2.

The allegations in nutshell are that the petitioner had forged a Special Power of Attorney stated to be executed by Gurnam Kaur for the purpose of

sale of plots bearing Nos.1007, 1008 and 1009 situated at Tungpai, Sub Urban Abaadi, Luxmi Vihar, Indra Colony, Amritsar and that on the basis of

said forged Special Power of Attorney he was further going to appoint one Ravi Sharma as a general power of attorney when he was caught.

3.

The learned counsel for the petitioner has submitted the petitioner has falsely been implicated in the present case and that the allegedly forged

special power of attorney was infact never used. It has further been submitted that the petitioner is chronically ill and ever since the day of his arrest,

he has been admitted in hospital for his heart ailment and also on account of the fact that he had contracted the virus Covid-19.

4.

Opposing the petition, learned State Counsel has submitted that since the petitioner was caught red handed while using the forged special power of

attorney, no case for grant of bail is made out. Learned State counsel, upon instructions from ASI Kuldeep Kaur, has, however, informed that the

petitioner indeed has remained admitted in hospital on account of heart ailment and on account of Covid-19 and the investigation has concluded and

challan has been prepared which is undergoing checking before its presentation in Court.

5.

I have considered rival submissions addressed before this Court.

6.

Having regard to the fact that it is a case mainly based on documentary evidence and while also keeping in view the medical condition of the

petitioner, who ever since his arrest has remained hospitalized, further detention of the petitioner will not serve any useful purpose. The petition, as

such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned Trial

Court/Chief Judicial Magistrate/Duty Magistrate concerned.