IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-31536 of 2010 (O&M) DATE OF DECISION : 18th November, 2010 Khazan Singh @ Khani ...Petitioner Vs. State of Punjab …Respondent CORAM: HON’BLE MRS.JUSTICE SABINA Present : Mr.O.P.Kamboj, Advocate for the petitioner Mr.Amandeep Singh Rai, AAG, Punjab -- SABINA, J. The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.58 dated 23.6.2010, under Sections 420/120-B IPC Police Station Mamdot, District Ferozepur. The allegations against the petitioner are that he along with his co-accused had allegedly delivered a brick of gold to the complainant and petitioner and his co-accused had taken Rs.4 lacs from him but the said brick was later found to be made of some other metal. Total deal was for Rs.12 lacs. Learned counsel for the petitioner has submitted that the petitioner is in custody for the last about 2½ months. The complainant is a gold smith and it cannot be believed that he would have taken brick of some other metal from the accused believing it to be of gold. Learned State counsel on the other hand has opposed the petition. In view of the fact that the petitioner is in custody for the last 2½ months it will be just expedient to release the petitioner on Criminal Misc.No.M-31536 of 2010 (O&M) -2- bail. Whether the petitioner is guilty to the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ferozepur. (SABINA) November 18, 2010 JUDGE p.singh