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2023 DIGILAW 1102 (PNJ)

Mandeep Singh v. State of Punjab

2023-03-21

JASJIT SINGH BEDI

body2023
JASJIT SINGH BEDI, J. The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.201 dated 12.08.2022 under Sections 489-C IPC and Section 25 of the Arms Act, 1959 (Section 489-D IPC added later on) registered at Police Station Jamalpur, District Ludhiana. 2. The brief facts of the case are that while the police party was on patrolling duty secret information was received that Mandeep Singh @ Sunny (petitioner) had in his possession fake Indian Currency along with an illegal weapon. He was to supply the same to another person and if a raid was conducted, he could be arrested. Based on the said information, the present FIR came to be registered. The petitioner was arrested and from his possession 298 counterfeit currency notes of denomination of 100 each, 181 counterfeit currency notes of denomination of 200 each and 64 counterfeit currency notes of denomination of 2000 each came to be recovered. 3. The Counsel for the petitioner contends that the recovery has been foisted upon the petitioner. The investigation stands completed and only one out of 07 prosecution witnesses had been examined so far. Since the petitioner was in custody since 12.08.2022 and was a first time offender, he could be granted the concession of bail. 4. The Counsel for the State on the other hand contends that the nature of allegations against the petitioner as also the recoveries effected from him did not entitle him to the grant of bail. He however, concedes that the petitioner is a first time offender, in custody since 12.08.2022 and only 01 out of 07 prosecution witnesses had been examined so far. 5. I have heard the learned counsel for the parties. 6. The veracity of the prosecution case against the petitioner shall be established during the course of trial. The petitioner is a first time offender. He is in custody since 12.08.2022 and only 01 out of 07 prosecution witnesses have been examined so far. Therefore, the Trial of the present case is not likely to be concluded any time soon. As such his further incarceration is not required. 7. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Mandeep Singh son of Sh. Therefore, the Trial of the present case is not likely to be concluded any time soon. As such his further incarceration is not required. 7. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Mandeep Singh son of Sh. Kulwinder Singh is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned. 8. The petitioner shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform in writing each time that he is not involved in any other crime other than the present case. 9. In addition, the petitioner (or anyone on his behalf) shall prepare an FDR in the sum of Rs.50,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from trial without sufficient cause. 10. The petition stands disposed of. Petition allowed.