IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-5648 of 2010 Date of decision : 30.3.2010 Chakarwarti Gupta …. Petitioner Versus State of Punjab …. Respondent and Crl. Misc. No. M-6331 of 2010 Date of decision : 30.3.2010 Gurjant Singh …. Petitioner Versus State of Punjab …. Respondent Present: Mr. A.S. Cheema, Advocate for the petitioner in Crl. Misc. No. M-5648 of 2010. Mr. L.S. Sidhu, Advocate for the petitioner in Crl. Misc. No. M-6331 of 2010. Mr. VPS Sidhu, AAG, Punjab. **** S.S. SARON, J. Crl. Misc. No. M-5648 of 2010 [2] Crl. Misc. No. M-6331 of 2010 Heard counsel for the parties. The respective petitioners seek regular bail in a case registered against them on 27.12.2009 for the offences under Sections 389, 420, 465, 467, 468, 471, 411, 201 and 120-B Indian Penal Code. The FIR in the case has been registered on the statement of Satpal Singh who deals in the sale and purchase of motorcycles from his shop situated at AC Market, Cinema Road. Near the shop of the complainant is the shop of Amritpal Singh. The shop is situated on a road which has one way traffic. Amritpal Singh deals in repairs, sale and purchase of motorcycles. About 4-5 days earlier to the incident, the complainant Satpal Singh and Amritpal Singh were sitting at the shop of the complainant and were conversing with each other. Then Manish Kumar @ Kaka, Somvir Singh @ Sonu, Chakravarti Gupta (petitioner in Crl. Misc. No. M-5648 of 2010) and Jitender Kumar @ Vicky residents of Mansa came at the shop of the complainant. They assured the complainant that they also deal in the sale and purchase of motorcycles. It was stated by them that after they settle a deal regarding sale of motorcycles, they give the registration copies of the motorcycles. They stated that they had obtained affidavits from the original owners regarding the purchases of motorcycles which were lying with them at home, but had forgot to bring them on that day and they would deliver the same on some other day. They sold two motorcycles to the complainant, both were Hero Honda CD Delux, the registration copy of one of which was in the name of Amrik Singh and the registration copy of the other was in the name of Inder Singh. The complainant purchased both the motorcycles in good faith for Rs.48,500/- from Manish Kumar @ Crl. Misc. No. M-5648 of 2010 [3] Crl. Misc. No. M-6331 of 2010 Kaka and the entire payment was made to him. Amritpal Singh, neighbour of the complainant informed the complainant that Manish Kumar @ Kaka and four others persons had come to him also about 10-11 days earlier and sold a Hero Honda Splendor Plus motorcycle with registration copy in the name of Manish Kumar himself for a sum of Rs.22,500/-. After taking full payment, registration copy of the motorcycle was given to Amritpal Singh. However, they got suspicious and they inquired about the registration copies of the motorcycles purchased from Manish Kumar etc. from the office of District Transport Officer, Mansa. From there they came to know that the registration copies had been forged and fabricated. It is alleged that the persons as mentioned in the FIR had formed a gang and were lifting motorcycles and other vehicles from various cities and villages and in connivance with Jatinder @ Vicky had forged documents and thereby deceived the common people. After giving my thoughtful consideration to the matter, it may be noticed that Chakarvarti Gupta (petitioner in Crl. Misc. No. M-5648 of 2010) is named in the FIR. However, Gurjant Singh (petitioner in Crl. Misc. No.M-6331 of 2010) is not named in the FIR. Gurjant Singh was named as an accused during investigation of the case by one Shamsher Singh son of Rai Singh. Thereafter, Gurjant Singh (petitioner in Crl. Misc. No. M-6331 of 2010) was arrested on 30.12.2009 and motorcycles were recovered from him. Chakarvarti Gupta (petitioner in Crl. Misc. No. M-5648 of 2010) is in custody since 27.12.2009 and Gurjant Singh (petitioner in Crl. Misc. No.M-6331 of 2010) is in custody since 30.12.2009. The trial in the case is likely to take time. The challan in the case has been Crl. Misc. No. M-5648 of 2010 [4] Crl. Misc. No. M-6331 of 2010 filed on 27.3.2010. Therefore, the custody of the respective petitioners in the two petitions is not required for the purposes of investigation. The prosecution is to establish it case after leading evidence. The case is triable by the learned Judicial Magistrate Ist Class. In the facts ad circumstances, further incarceration of the respective petitioners is not warranted. Accordingly, the Crl. Misc. petitions (i.e. Crl. Misc. No. M-5648 of 2010 and Crl. Misc. No.M-6331 of 2010) are allowed and the respective petitioners on their furnishing personal bonds and surety each to the satisfaction of the learned trial Magistrate shall be admitted to bail. (S.S. SARON) JUDGE March 30, 2010 amit