Varinder Singh vs State Of Punjab

Hari Pal Verma, J

The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.

Prayer in the present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner, pending trial, in case FIR No.29 dated

22.03.2020 registered under Sections 489-A, 489-B, 489-C, 489-D, 489-E, 420 of IPC and Section 22 of NDPS Act at Police Station Canal Nandgarh,

District Bathinda.

Counsel for the petitioner has argued that the petitioner is in custody since 31.03.2020. At the most, the allegation against the petitioner falls within the

ambit of Section 489(C) IPC which is otherwise bailable, though triable by the Sessions Court and is non-compoundable. He submits that it is on the

basis of disclosure statement of Rajdeep Singh alias Raja, the petitioner has been named as an accused and recovery of counterfeit currency of

Rs.2,70,000/- was effected from him. There is no other case against him for similar other offences.

Learned State counsel has filed the custody certificate, which is taken on record. He has not disputed the custody. He submits that on the basis of

secret information, a raid was conducted at the shop of co-accused Rajdeep Singh alias Raja, who was habitual in selling intoxicant tablets and

counterfeit currency at half-rate. He was apprehended while in conscious possession of 40 tablets of Alprasafe 0.5 without any permit or licence, and

counterfeit currency notes of Rs.11,700/-. During investigation, Rajdeep Singh alias Raja has disclosed the name of present petitioner Varinder Singh

alias Baba and the present petitioner was arrested on 31.03.2020. The petitioner suffered a disclosure statement which led the police party to his

residential house and accordingly, counterfeit currency of Rs.2,70,000/- was recovered from him. During interrogation, he has also disclosed the

names of other accused in his disclosure statement. He states that since huge amount was recovered from his possession, he is not entitled for bail.

I have heard learned counsel for the parties.

Petitioner is in custody since 31.03.2020. His name was cropped up on the basis of disclosure statement of co-accused Rajdeep Singh alias Raja,

though on the basis of said disclosure statement, recovery of Rs.2,70,000/- was effected from the petitioner. But considering the fact that trial is not

likely to be concluded in the near future and there is no allegation that the petitioner was possessing instruments or materials for forging or

counterfeiting currency notes or bank notes, this Court finds that his culpability is yet to be established during trial. The trial is not likely to be

proceeded in the case on account of Covid-19 and likely to take time. Accordingly, this Court deems it appropriate to admit the petitioner on bail.

Accordingly, the present petition is allowed and the petitioner is admitted on regular bail subject to his furnishing bail bonds/surety bonds to the

satisfaction of trial Court/Duty Magistrate.

The observations made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall decide the case on the

basis of available material.