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
'dalbir'