Jobanjot Singh vs State of Punjab

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. 191 dated

03.07.2017, under Sections 419, 420, 467, 468, 471 and 120-B of the IPC Act, registered at Police Station City Barnala, District Barnala.

Learned counsel for the petitioner submits that co-accused of the petitioner, namely Sri Ram and Sunil Kumar @ Shina, Jang Singh and Nirbhai Singh,

have already been granted concession of regular bail, vide orders dated 06.08.2018, 01.08.2018, 02.07.2018, 10.05.2018, passed by this Court in CRM-

M Nos. 32144, 31408, 11588 & 18510 of 2018, respectively, whereas co-accused Joginder Singh was granted concession of anticipatory bail, vide

order dated 30.01.2018 passed by this Court in CRM-M No. 47967 of 2017.

Learned counsel for the petitioner further submits that in fact two FIRs were registered, one was registered on the complaint given by Gurjant Singh

i.e. FIR No. 191 dated 03.07.2017, the present FIR, and the another is FIR No. 190 dated 03.07.2017, under Sections 420, 467, 468, 471, 120-B of the

IPC, registered on the complaint given by the Manager of the Bank regarding said incident, at Police Station City Barnala, District Barnala.

Learned counsel for the petitioner has referred to aforesaid FIR No. 190 to submit that complainant/Manager of the Bank has stated that co-accused

Sunil Kumar @ Shina had cleared the amount/CC limit regarding the loan amount of one Shingara Singh, which in fact the petitioner has taken by

posing himself as Shingara Singh and the account stands closed.

Learned State counsel, on instructions from ASI Gyan Singh, has not disputed the factual position and submitted that the petitioner is in judicial custody

since 10.10.2017; challan stands presented and the petitioner is no more required for any custodial interrogation.

I have heard learned counsel for the parties.

Without commenting upon the merits of the case, considering the facts that the petitioner is in judicial custody for almost one year; offences are triable

by the Court of a Magistrate; co-accused of the petitioner have already been granted concession of regular/anticipatory bail as notice above and also

in view of the fact that loan amount stands repaid, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his

furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.