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(2023) Law Today Live Doc. Id. 17813
Decided on: 05.01.2023
Alongwith
CRM-M-53564-2022, Pargat Singh @ Jiti v. State of Punjab
Present:
Mr. Manan Bhardwaj, Advocate for the petitioner in CRM-M-53564-2022.
None for the petitioner in CRM-M-52050-2022
Mr. Rajesh Mehta, Additional Advocate General, Punjab.
Indian Penal Code, 1860 (45 of 1860), Section 489, 489A – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Counterfeit currency -- Second petition for regular bail -- Acting upon a secret information, police recovered counterfeit currency worth Rs. 4,75,000/- from the petitioners – Petitioners in custody since February, 2021 -- Considering the facts that the petitioners have no criminal antecedents, no further recovery is to be made from the petitioners, though investigation is complete conclusion of trial is likely to take time, the petitioners granted bail.
(Para 1-6)
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AVNEESH JHINGAN, J. (ORAL) –
1. These two second petitions under Section 439 of the Code of Criminal Procedure is filed seeking regular bail in FIR No.21 dated 5.2.2021 under Sections 489, 489-A, IPC registered at Police Station City-2, District Mansa.
2. Earlier petitions were dismissed as withdrawn with liberty to revive the prayer at a later stage.
3. As per the case of the prosecution, acting upon a secret information, police recovered counterfeit currency worth Rs. 4,75,000/- from the petitioners.
4. The bail is prayed for on the grounds that petitioners are in custody since February, 2021, no further recovery is to be made, investigation is complete and they are not involved in any other case.
5. Learned State counsel on instructions from ASI Jasbir Singh opposes the prayer and submits that as per the report dated 9.4.2021 received from Currency Note Press, the recovered currency was counterfeit currency. He is not disputing the fact that charges have been framed and petitioners are not involved in any other case.
6. Without commenting on the merits of the case and considering the facts that the petitioners have no criminal antecedents, no further recovery is to be made from the petitioners, though investigation is complete conclusion of trial is likely to take time, the petitioners are granted bail subject to their furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
7. The petitions are allowed.
8. It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.
9. A photocopy of this order be placed on the file of connected case(s).
Petitions allowed.
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