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2018 DIGILAW 49 (PNJ)

Anil Johar @ Anil Kumar v. State of Haryana

2018-01-09

ARVIND SINGH SANGWAN

body2018
JUDGMENT Mr. Arvind Singh Sangwan, J.: (Oral) - The petitioner prays for grant of regular bail under Section439 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) in FIRNo.186 dated 02.08.2017, for offence punishable under Sections 406,420, 467, 468, 471, 472 and 120-B of the Indian Penal Code (in short’IPC’) registered at Police Station Mullana, District Ambala. 2. Counsel for the petitioner has submitted that on an earlieroccasion, the petitioner has submitted a representation against oneKaran Singh – Investigating Officer/Station House Officer and on thataccount, he has been falsely implicated. It is further submitted that thepetitioner is in judicial custody since 30.08.2017 and the investigationis completed and after submission of report under Section 173 Cr.P.C.,charges have been framed. It is also submitted by counsel for thepetitioner that the offences are triable by the Court of Magistrate and itwill take long time in conclusion of the trial as the prosecution evidenceis yet to start. 3. On the other hand, counsel for the State, on instructionsfrom HC Kamaljeet Singh, assisted by counsel for the complainant hasstated that there are serious allegations of cheating against thepetitioner and one more FIR has been registered against him. 4. Without commenting anything on merits of the case andconsidering the fact that the investigation has been completed; chargeshave already been framed; offences are triable by the Court ofMagistrate; the petitioner is in judicial custody since 30.08.2017 andthe prosecution evidence is yet to start, the present petition is allowed and the petitioner is ordered to be released on bail subject to hisfurnishing bail/surety bonds to the satisfaction of the trial Court. However, it will be open for the prosecution to apply for cancellation ofbail, if the petitioner is found involved misusing the concession of bail, in any manner.