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2012 DIGILAW 1029 (PNJ)

Shiv Charan Numberdar v. State of Haryana

2012-08-02

RAMESHWAR SINGH MALIK

body2012
JUDGMENT Mr. Rameshwar Singh Malik, J.: (Oral) - The petitioner has approached this Court by way of instant petition under Section 439 of Code of Criminal Procedure, invoking its inherent jurisdiction seeking bail in the case arising out of FIR No.51 dated 13.2.2012 under Sections 419, 420, 467, 468, 471 and 120-B of Indian Penal Code, registered at Police Station Mujessar, District Faridabad. 2. Notice of motion was issued. 3. Learned counsel for the petitioner submits that the petitioner was not beneficiary in the transaction. As a matter of fact, the documents were already forged and he was also misled by the other accused. The second attestation on his part was found to be genuine one. He further submits that since the prosecution evidence is yet to start, the trial will take a considerable time. Thus, he submits that the instant petition deserves to be accepted. 4. Learned counsel for the State, on instructions from SI Ram Kumar, Police Station Mujessar, District Faridabad, submits that although the second attestation made by the petitioner was found to be genuine, but since the allegations are direct and specific against the petitioner, the instant petition is liable to be dismissed. 5. Having heard the learned counsel for the parties and after going through the record of the case, this Court is of the considered opinion that it is just and expedient to enlarge the petitioner on bail pending trial. It is admitted position that the petitioner was not beneficiary in the transaction. So far as the second attestation is concerned, the same has been found to be genuine. The trial is likely to take considerable time. 6. The view taken by this Court also finds support from the recent judgment of Hon’ble the Supreme Court in Sanjay Chandra vs. CBI, [2012(1) Law Herald (SC) 113] : 2011 (4) RCR (Crl.) 896. 7. In the totality of facts and circumstances of the case noted above, coupled with the reasons aforementioned, the petitioner is directed to be released on bail, pending trial, to the satisfaction of learned trial Court. 8. Resultantly, the present petition stands allowed. ---------0.B.S.0------------