High Court Punjab-Haryana High Court

Bakshish Singh Alias Bali vs State Of Punjab on 8 November, 2011

Punjab-Haryana High Court
Bakshish Singh Alias Bali vs State Of Punjab on 8 November, 2011
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH




                         Criminal Misc. No. M-30541 of 2011
                         Date of decision : November 08, 2011


Bakshish Singh alias Bali
                                             ....Petitioner
                         versus
State of Punjab
                                             ....Respondent


Coram:       Hon'ble Mr. Justice L.N. Mittal


Present :    Mr. Vaibhav Narang, Advocate, for the petitioner

             Mr. Shailesh Gupta, Deputy Advocate General, Punjab

L.N. Mittal, J. (Oral)

Bakshish Singh alias Bali has filed this petition for bail in case

FIR No. 59 dated 24.6.2010, under section 420 IPC, registered at Police

Station Kathunangal, District Amritsar Rural.

I have heard learned counsel for the parties and perused the

case file.

According to the prosecution version, petitioner and his brother

co-accused Rajwinder Singh while in Muscat allured Kashmir Singh

brother of complainant Baljit Singh for sending Kashmir Singh to England

on payment of Rs 6,50,000/-. Family of the petitioner resides in District

Gurdaspur. As per instructions of petitioner and his brother co-accused,

complainant party paid Rs 6 lacs to petitioner’s father Joginder Singh and

other family members and also paid Rs 30,000/- to petitioner’s mother

Parkash Kaur and other family members.

Criminal Misc. No. M-30541 of 2011 -2-

Counsel for the petitioner contended that the petitioner has

come from Muscat and surrendered and is in custody since 14.7.2011.

Learned State counsel, on instructions from SI Baldev Singh,

conceded that the petitioner is in custody since 14.7.2011 i.e. for almost

four months. It was also stated that the challan has since been presented

although proceedings for declaring petitioner’s brother co-accused

Rajwinder Singh as proclaimed offender are going on. However,

investigation qua petitioner is complete. It was also stated by State counsel

that Parkash Kaur, Manjit Kaur, Harjit Kaur and Sukhdev Singh were

found innocent whereas petitioner’s father Joginder Singh has since been

granted bail. The amount of Rs 6 lacs was paid to Joginder Singh.

Petitioner was in Muscat at the relevant time. Trial is likely to take long

time. Case is triable by Magistrate. No useful purpose would be served by

detaining the petitioner in custody for indefinite period.

In view of the aforesaid but without meaning to express any

opinion on merits of the case, the instant petition is allowed. Bail to the

satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar.



                                                        ( L.N. Mittal )
November 08, 2011                                            Judge
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