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2014 DIGILAW 522 (PNJ)

Harmail Singh v. State of Punjab

2014-03-12

M.JEYAPAUL

body2014
JUDGMENT Mr. M. Jeyapaul, J.:- The petitioner who is facing charges under Section 465, 467, 468, 471 and 120-B of the Indian Penal Code moves this petition praying for bail having been in custody right from 11.5.2013. 2. The allegation is that the petitioner procured fake certificates with the assistance of a Patwari and secured loan from the bank to the tune of Rs. 2,12,000/-. 3. The learned counsel appearing for the petitioner would submit that the petitioner has been in jail for the past 10 months. The entire loan amount mobilised by the petitioner was already repaid which was not taken note of by the investigating agency. It may take some time for the completion of trial, it is further submitted. 4. Per contra, the learned State counsel would bring to the notice of this court that the petitioner who absconded for 14 long years in a case which originated way back in 1988 remained as a proclaimed offender. Therefore, he comes out with a serious objection for grant of bail to the petitioner. 5. It is true that the petitioner has absconded for 14 long years but the charges are found not so serious. To secure the presence of the petitioner, the court has proposed to impose stringent conditions. 6. Considering the above facts, I find that the petitioner has made out a case for bail. 7. Therefore, without expressing any opinion on the merit of the case, the petitioner is ordered to be released on bail on his furnishing bail bond to the satisfaction of trial court. 8. Passport, if any, possessed by the petitioner shall be surrendered by him. The trial court also shall insist upon two solemn sureties who are close relatives of the petitioner. ---------0.B.S.0------------