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High Court of Punjab and Haryana · body

2025 DAILYLAW 79655 (PNJ)

CHAIN SINGH v. STATE OF HARYANA

CRM-M/37877/2025 · 2025-09-23

Sanjay Vashisth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CCCCRRRRM M M M----M M M M----33337777888877777777----2222000022225555 1111 IIIINNNN TTTTHHHHEEEE HHHHIIIIGGGGHHHH CCCCOOOOUUUURRRRTTTT OOOOFFFF PPPPUUUUNNNNJJJJAAAABBBB AAAANNNNDDDD HHHHAAAARRRRYYYYAAAANNNNAAAA AAAATTTT CCCCHHHHAAAANNNNDDDDIIIIGGGGAAAARRRRHHHH 222233339999 CCCCRRRRM M M M----M M M M----33337777888877777777----2222000022225555 DDDDeeeecccciiiiddddeeeedddd oooonnnn :::: 22223333....00009999....2222000022225555 CCCCHHHHAAAAIIIINNNN SSSSIIIINNNNGGGGHHHH ........................PPPPeeeettttiiiittttiiiioooonnnneeeerrrr VVVVeeeerrrrssssuuuussss SSSSTTTTAAAATTTTEEEE OOOOFFFF HHHHAAAARRRRYYYYAAAANNNNAAAA ........................RRRReeeessssppppoooonnnnddddeeeennnntttt CCCCOOOORRRRAAAAM M M M:::: HHHHOOOONNNN''''BBBBLLLLEEEE M M M MRRRR.... JJJJUUUUSSSSTTTTIIIICCCCEEEE SSSSAAAANNNNJJJJAAAAYYYY VVVVAAAASSSSHHHHIIIISSSSTTTTHHHH Present: Mr. Sanjay Verma, Advocate, for the petitioner. Mr. Pawan Kumar Jhanda, Sr. DAG, Haryana. **** SSSSAAAANNNNJJJJAAAAYYYY VVVVAAAASSSSHHHHIIIISSSSTTTTHHHH,,,, JJJJ.... 1. Present petition has been filed by the petitioner, seeking grant of regular bail in case bearing FIR No.90, dated 09.03.2025, under Section(s) 420, 406 of IPC and 111 of BNS, registered at Police Station Pinjore, District Panchkula. 2. There is an allegation against the petitioner that he took an amount of Rs. 15 lakhs for arranging a government job for the complainant. However, counsel for the petitioner submits that complaint lacks specific details as to when and where the promise was made by the petitioner, and in whose presence, the said amount was handed over to him. The allegations are claimed to be false, as at one point of time, complainant was residing on a rental basis in the petitioner’s house, and due to some dispute between them, this fabricated version was concocted, leading to the FIR being registered. Even if it is assumed that petitioner made such an allurement in the year 2018, complaint was lodged only LAVISHA 2025.09.23 18:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CCCCRRRRM M M M----M M M M----33337777888877777777----2222000022225555 2222 after a considerable delay of about eight years, in 2025. Additionally, no evidence of the alleged amount being deposited into the petitioner’s bank account was found, by the investigating officer during the investigation. 3. Counsel for the petitioner further argues that if the petitioner had indeed issued a cheque for Rs.8 lakhs, complainant Jagdish Singh could have filed a complaint under Section 138 of the Negotiable Instruments Act and presented the complete version at the earliest opportunity. Moreover, the offence is triable by the Court of learned Magistrate, and petitioner is inside jail since 12.04.2025. Further informs the Court that although, investigation in the present case has been completed, but charges are yet to be framed. Therefore, counsel prays for grant of regular bail to the petitioner in the present case. 4. On the other hand, learned State counsel informs the Court that petitioner is a professional cheater, as 08 other cases of similar nature are also registered against him. However, learned State counsel admits that petitioner has not been convicted in any of those cases, so far. 5. This Court has heard the submissions advanced by counsel for both the parties and also gone through the record available before it, and observes that it will be heavily upon the prosecution to prove both, i.e. the payment of Rs.15 lacs to the petitioner and the purpose behind it, as well as to explain why the complainant has not filed any complaint under Section 138 of the Negotiable Instruments Act, till now. Furthermore, the offences involved are triable by the Court of learned Magistrate, and petitioner has not been convicted in any other criminal LAVISHA 2025.09.23 18:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CCCCRRRRM M M M----M M M M----33337777888877777777----2222000022225555 3333 case, so far. Since, personal liberty of the petitioner cannot be detained for an indefinite period, this Court finds it appropriate to grant regular bail to the petitioner in the present case. 6. Consequently, prayer made in the present petition is aaaalllllllloooowwwweeeedddd. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 7. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 8. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 9. Petition stands disposed of. ((((SSSSAAAANNNNJJJJAAAAYYYY VVVVAAAASSSSHHHHIIIISSSSTTTTHHHH)))) JJJJUUUUDDDDGGGGEEEE 22223333....00009999....2222000022225555 Lavisha Whether Speaking/Reasoned: YYYYEEEESSSS////NNNNOOOO Whether Reportable: YYYYEEEESSSS////NNNNOOOO LAVISHA 2025.09.23 18:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh