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2020 DIGILAW 1178 (PNJ)

Mohammad Salim @ Sammi v. State Of Punjab

2020-05-21

RAJIV NARAIN RAINA

body2020
JUDGMENT Rajiv Narain Raina, J. (Oral). - Case is taken up for hearing today through video conferencing due to pandemic of COVID-19. 2. This is the first petition filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner pending trial in case FIR No. 16 dated 19.1.2020 registered under Section 420, 489-A, 489-B, 489-C, 489-D, 489-E, 120-B IPC at Police Station, City Sangrur, District Sangrur. 3. Notice of motion to the Advocate General, Punjab. 4. Mr. Ajay Pal Singh Gill, DAG Punjab appears on behalf of the State of Punjab. 5. I have heard learned counsel for the parties and gone through the paper-book. 6. Learned counsel for the petitioner submits that no offence is made out against the petitioner under the Section mentioned in the FIR as the recovered currency notes are photocopies only and cannot be used as actual currency. He further submits that only two forfeited currency notes of Rs. 2000/- each are alleged to be recovered from the petitioner. 7. Counsel representing the State of Punjab has opposed application for bail but did not contest correctness of submissions made by counsel for the petitioner. 8. Having heard learned counsel for the parties and without any opinion on merits of the case, I am of the considered view that no useful purpose would be served by keeping the petitioner in jail. The petitioner is in judicial custody since 21.1.2020. It appears to be a fit and proper case for grant of bail pending trial. 9. In view of the above, this petition is allowed. The petitioner is directed to be released on regular bail subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of the trial Court.