JUDGMENT Mr. Augustine George Masih, J.: (Oral) - Petitioner has approached this Court for grant of regular bailby filing the present petition under Section 439 of the Code of CriminalProcedure, 1973, in FIR No.455, dated 16.06.2017, registered at PoliceStation Civil Lines Karnal, District Karnal, under Sections 419, 420, 467,468, 471 and 120-B of the Indian Penal Code. 2. It is the contention of the learned counsel for the petitioner thatthe petitioner is in custody since 22.07.2017. Co-accused Raj Kumar hasalready been granted the concession of regular bail by this Court in CRMM-37335-2017, titled as ‘Raj Kumar Wadhwa Vs. State of Haryana’, decidedon 11.10.2017. Counsel for the petitioner contends that the petitioner isentitled to the same benefit. 3. Learned counsel for the complainant, on the other hand,submits that the petitioner has impersonated as complainant and got theregistry done and cheated the complainant by Rs. 4,25,000/- and therefore, heshould not be granted the the concession of regular bail. 4. Keeping in view the facts that the offences are triable by aMagistrate, challan stands already filed and even charges have already beenframed and especially, co-accused Raj Kumar has been granted theconcession of regular bail, the petitioner cannot be treated discriminatoryand therefore, is entitled to the benefit of grant of the prayer made in thepresent petition. Therefore, the present petition is allowed and he petitioneris ordered to be released on bail subject to his furnishing personal andsurety bonds to the satisfaction of the trial Court/Duty Magistrate, Karnal. 2018(1) Law Herald (P&H) 318 : 2018 LawHerald.Org 534 IN THE HIGH COURT OF PUNJAB AND HARYANA Before Hon’ble Mr. Justice Augustine George Masih CRM-M-44380 of 2017 Mahinder @ Bunty v. State of Haryana {Decided on 11/01/2018} For the Petitioner: Mr. Rahul Mohan, Advocate For the Respondent: Mr. Kuldeep Sharma, DAG, Haryana. Mr. Parveen Kumar Rohilla, Advocate Criminal Procedure Code, 1973, S.439--Impersonation--Bail--Cheating--Allegedly petitioner has impersonated as complainant and got the sale deed executed--Since co-accused has been granted the regular bail, the petitioner cannot be treated discriminatory--Petitioner held entitled to bail--Indian Penal Code, 1860, S.468 & S.420. (Para 4) JUDGMENT Mr. Augustine George Masih, J.: (Oral) - Petitioner has approached this Court for grant of regular bailby filing the present petition under Section 439 of the Code of CriminalProcedure, 1973, in FIR No.455, dated 16.06.2017, registered at PoliceStation Civil Lines Karnal, District Karnal, under Sections 419, 420, 467,468, 471 and 120-B of the Indian Penal Code. 2.
(Para 4) JUDGMENT Mr. Augustine George Masih, J.: (Oral) - Petitioner has approached this Court for grant of regular bailby filing the present petition under Section 439 of the Code of CriminalProcedure, 1973, in FIR No.455, dated 16.06.2017, registered at PoliceStation Civil Lines Karnal, District Karnal, under Sections 419, 420, 467,468, 471 and 120-B of the Indian Penal Code. 2. It is the contention of the learned counsel for the petitioner thatthe petitioner is in custody since 22.07.2017. Co-accused Raj Kumar hasalready been granted the concession of regular bail by this Court in CRMM-37335-2017, titled as ‘Raj Kumar Wadhwa Vs. State of Haryana’, decidedon 11.10.2017. Counsel for the petitioner contends that the petitioner isentitled to the same benefit. 3. Learned counsel for the complainant, on the other hand,submits that the petitioner has impersonated as complainant and got theregistry done and cheated the complainant by Rs. 4,25,000/- and therefore, heshould not be granted the the concession of regular bail. 4. Keeping in view the facts that the offences are triable by aMagistrate, challan stands already filed and even charges have already beenframed and especially, co-accused Raj Kumar has been granted theconcession of regular bail, the petitioner cannot be treated discriminatoryand therefore, is entitled to the benefit of grant of the prayer made in thepresent petition. Therefore, the present petition is allowed and he petitioneris ordered to be released on bail subject to his furnishing personal andsurety bonds to the satisfaction of the trial Court/Duty Magistrate, Karnal.