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CRM-M-5476-2025(O&M) 231/1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5476-2025 (O&M) Date of decision : 08.04.2025 Jaswinder Singh ...Petitioner Versus State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Nishan Singh Chahal, Advocate, for the petitioner. Ms. Manjot Kaur, AAG, Punjab. Mr. Ravish Bansal, Advocate for the complainant. ***** MAHABIR SINGH SINDHU, J. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), for grant of bail pending trial to the petitioner in FIR No.451 dated 22.10.2022, under Section 420 of Indian Penal Code, 1860 (for short ‘IPC’) (Sections 120-B, 465, 467, 468 and 471 IPC added later on), registered at Police Station City Faridkot, District Faridkot.
2. Allegations are that petitioner along with co-accused in criminal conspiracy with each other has duped the de facto complainant to the tune of Rs.11 lakh on the pretext of sending his two children abroad and also forged some documents.
3. Contends that the petitioner is in custody since 18.11.2024; after investigation, final report under Section 193 of BNSS was presented on 19.12.2024; but charges are yet to be considered. -1- DIWAKER GULATI 2025.04.09 11:39 I attest to the accuracy and integrity of this document
CRM-M-5476-2025(O&M) Also contends that matter has been amicably settled between the parties i.e. petitioner as well as de facto complainant at their own level.
4.
Learned counsel for the complainant, on instructions, has duly acknowledged that matter has been amicably settled between the parties i.e. petitioner as well as de facto complainant at their own level.
5. Learned State counsel, on instructions, submits that he is not aware about the compromise effected between the parties but duly acknowledged the factum of custody as well as status of trial. However, learned State counsel opposed the prayer on the ground that allegations are serious in nature.
6. Heard both sides and perused the paper-book.
7. It transpires that petitioner is in custody since 18.11.2024; final report under Section 193 of BNSS was presented on 19.12.2024, but charges are yet to be considered; therefore, conclusion of trial may take sufficient long time. Also transpires that matter has been amicably settled between the parties i.e. petitioner as well as de facto complainant at their own level. It is not the objection raised by State that in case, petitioner is released on bail, he may influence the witnesses or hamper the course of trial, in any manner; thus, further incarceration of the petitioner would not serve any purpose.
8. Consequently, present petition is allowed; petitioner shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. -2- DIWAKER GULATI 2025.04.09 11:39 I attest to the accuracy and integrity of this document
CRM-M-5476-2025(O&M)
9. Petitioner shall appear on each & every date of hearing and to fully co-operate with learned trial Court without seeking any unnecessary adjournment(s).
10. The above observations may not be construed as an expression of opinion on the merits of the case.
11. It is clarified that in case there is recurrence or any misuse of concession of bail on the part of the petitioner, State of Punjab would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 08.04.2025 (MAHABIR SINGH SINDHU) d.gulati JUDGE Whether speaking / reasoned : Yes No Whether Reportable : Yes No -3- DIWAKER GULATI 2025.04.09 11:39 I attest to the accuracy and integrity of this document