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(2021) Law Today Live Doc. Id. 15866
Decided on: 22.01.2021
Present:
Mr. Parminder Singh, Advocate for the petitioner.
Ms. Gaganpreet Kaur, A.A.G., Haryana.
Indian Penal Code, 1860 (45 of 1860), Sections 489-A, 489-B, 489-C, 120-B, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 439 – Counterfeit currency case -- Proclaimed offender – Regular bail -- Petitioner in custody since 19.12.2020 -- Charges framed, other co-accused, who faced the trial have already been acquitted by the trial Court – No other case against the petitioner -- Court deemed it appropriate to admit the petitioner on bail.
(Para 1-5)
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HARI PAL VERMA, J. (ORAL) –
1. The petitioner has filed present petition under Section 439 Cr.P.C. seeking regular bail in FIR No.359 dated 05.04.2013 under Sections 489-A, 489-B, 489-C and 120-B read with Section 34 IPC registered at Police Station City Karnal, District Karnal.
2. Learned counsel for the petitioner submits that the petitioner is in custody since 19.12.2020. Charges in the case have been framed. The other co-accused, namely, Rajesh, Mohan, Ankit and Rambir, who faced the trial in the case, have already been acquitted by the trial Court vide judgment dated 21.10.2015. It is for the reason that the petitioner was declared as proclaimed offender, he is in custody in the case. There is no other case against the petitioner.
3. Learned State counsel, on instructions from ASI Rajesh, does not dispute the custody of the petitioner and the fact that the other co-accused have already been acquitted and there is no other case against the petitioner.
4. I have heard learned counsel for the parties.
5. Without making any comments on the acquittal of the other co-accused, but noticing the fact that the petitioner is in custody since 19.12.2020 and the charges have been framed in the case and there being no other case pointed out against him, this Court deems it appropriate to admit the petitioner on bail.
6. Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Court.
7. The observations made hereinabove shall not be construed as any expression of opinion on the merits of the case. The trial Court shall decide the case without being influenced with these observations in any manner.
Petition allowed.
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