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2018 DIGILAW 3097 (PNJ)

Rama Nand Verma v. State of Punjab

2018-07-27

A.B.CHAUDHARI

body2018
JUDGMENT Mr. A. B. Chaudhari, J.: (Oral)- CRM-23973-2018 For reasons mentioned in the application, the same is allowed as prayed for. In the petition for regular bail filed by the petitioner, Section 120-B IPC be also added along with other sections already mentioned therein. Registry to amend the petition accordingly. CRL. MISC. No.M-24114 OF 2018 This is second petition by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.106 dated 16.06.20146 registered under Sections 406 and 420 IPC (and Section 120-B IPC, by amendment of the petition) at Police Station Mukerian, District Hoshiarpur. 2. Heard learned counsel for the rival parties on the petition for regular bail filed by the petitioner. 3. Undoubtedly, the petitioner is said to have in collusion with his wife, cheated number of persons by selling fake gold jewelry. However, I find that the petitioner was arrested on 15.06.2016 and a period of almost two years has already passed; the trial has commenced and three witnesses have also been examined; the offences are triable by the Magistrate, who has the power to grant sentence up to three years, therefore, I am inclined to grant bail to the petitioner. However, the petitioner has to furnish undertaking on affidavit before the trial Court that he would not indulge in any/such type of offence and shall not tamper with the evidence and would also submit a copy of the affidavit to the concerned Police Station. 4. In the result, I make the following order: ORDER (i) The CRL. MISC. No.M-24114 OF 2018 is allowed. (ii) The petitioner is ordered to be released on bail to the satisfaction of the concerned CJM/Duty Magistrate. (iii) The petitioner shall give undertaking before the trial Court along with copy to the police station concerned, within a period of two weeks from the date of his release, that he will not indulge in any/such type of offence in future. (iv) The petitioner shall not tamper or influence the prosecution witnesses in any manner. (v) If any prosecution witness makes a complaint about the petitioner tampering the evidence the police shall apply to this Court for cancellation of the order of regular bail immediately. (vi) The petitioner to surrender his passport with the trial Court, if he possesses the same.