Research › Search › Judgment

Punjab High Court · body

2014 DIGILAW 299 (PNJ)

Raman Chadha alias Gaurav alias Chanpreet Singh Chadha v. State of Punjab

2014-02-07

INDERJIT SINGH

body2014
Mr. Inderjit Singh, J.: - Petitioner Raman Chadha alias Gaurav alias Chanpreet Singh Chadha has preferred this petition under Section 439 Cr.P.C., seeking regular bail in case FIR No.06 dated 03.01.2013, registered at Police Station Fattu Dhinga, District Kapurthala, under Sections 420, 406 IPC and under Section 24 of the Immigration Act, 1983. 2. Learned counsel for the petitioner contended that the petitioner is in custody since 15.04.2013 and till now even the charges have not been framed and the proceedings for declaring the co-accused as proclaimed offender are going on. 3. On the other hand, learned State counsel as well as learned counsel for complainant opposed the bail application. 4. I have heard learned counsel for the petitioner, learned State counsel and learned counsel for complainant and have gone through the record. 5. From the record, I find that the main accused is Gagan Chadha and as per the FIR, the passports and Rs.4,00,000/- each by the complainant and three other persons have been given to him. Though, as per FIR, there is also allegation that lateron the petitioner, who is brother of Gagan Deep Chadha, also came to the house of complainant etc. and took the money. The petitioner is in judicial custody since 15.04.2013. He is not required for custodial interrogation. The offences are triable by the Court of Judicial Magistrate. The challan has been presented but till now charges have not been framed as argued. The proceedings for declaring the co-accused as proclaimed offender are going on. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case. 6. Therefore, keeping in view the facts and circumstances of the present case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, the present petition is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate