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2014 DIGILAW 720 (PNJ)

Rajbir v. State of Haryana

2014-04-22

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral):- Petitioner-Rajbir son of Sheo Chand, has directed the instant petition for the grant of concession of regular bail, invoking the provisions of Section 439 Cr.P.C., in a case registered against him, vide FIR No.288 dated 01.10.2013, on accusation of having committed the offences punishable under Sections 406, 409, 419, 420, 467 and 468 IPC, by the police of Police Station Kanina, District Mahendergarh. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration over the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. Tersely, the prosecution claimed that petitioner being public servant has misappropriated the amount of Rs.1,27,700/- after withdrawing the same from the bank by forging the signature of Block Education Officer. It is not a matter of dispute that petitioner has already deposited the impugned amount with the concerned department. 5. Moreover, the petitioner was arrested on 04.01.2014. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Since not even a single witness has yet been examined by the prosecution, so, the conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail is accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court. 7. Needless to mention that, nothing observed here-in-above, would reflect on the merits of the main case, in any manner, during the course of trial, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. ----------------