In the High Court of Punjab Haryana at Chandigarh.
Date of decision: 23.05.2017
Desraj Singh ….. Petitioner.
State of Punjab ….. Respondent
CORAM: HON’BLE MR. JUSTICE DEEPAK SIBAL
Present: Mr.PBS Goraya, Advocate for the petitioner.
Mr. Neeraj Yadav, AAG, Punjab.
Mr. Anupam Singla, Advocate, for the complainant.
Through the present petition filed under Section 439 Cr.P.C.,
the petitioner seeks the concession of regular bail in FIR No. 66 dated
24.09.2014, registered under Section 406 IPC, at Police Station Nandgarh,
Seeking regular bail of the petitioner, learned counsel submits
that the petitioner has been in custody since 24.09.2016; challan has already
been filed by the police; since none of the 22 witnesses cited by the
prosecution have been examined till date the trial is likely to take a long
time to conclude and that whether the petitioner had misappropriated the
paddy, as alleged, would be deciphered only during the course of trial.
Learned State counsel as also learned counsel for the
complainant have opposed the grant of bail to the petitioner on the ground
that there are serious allegations against the petitioner of having
misappropriated paddy worth approximately `4 crores which was ultimately
to be infused in the public distribution system.
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Since, the petitioner has already been in custody for over 8
months; the trial is not likely to conclude in the near future as 22 witnesses
cited by the prosecution still remain to be examined and whether the
petitioner has misappropriated the paddy or not would be deciphered only
during the course of trial, I am of the opinion that the petitioner deserves to
be admitted to regular bail.
Bail to the satisfaction of the trial Court.
Since the petitioner is alleged to have misappropriated paddy
worth about `4 crores, the trial Court shall insist upon heavy local sureties.
Nothing observed hereinabove shall be considered to be an
expression of opinion by this Court on the merits of the case.
If the petitioner, during the period he is on bail, is found in
indulging in any criminal activity, tampering of evidence or influencing of
witnesses etc., the State/complainant would be at liberty to seek cancellation
of bail granted to the petitioner by this Court.
23.05.2017 (DEEPAK SIBAL)
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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