Crl. Misc. No.M-27661 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-27661 of 2010 Date of decision: 09.11.2010 Gurcharan Singh and another .. Petitioners Versus State of Punjab .. Respondent Present:- Mr. D.S.Sandhu, Advocate for the petitioners. Mr. V.P.S. Sidhu, A.A.G., Punjab. Mr. R.K. Joshi, Advocate for the complainant. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioners seek regular bail in a case registered against them on 12.01.2010 for the offences under Sections 420, 419, 465, 468, 471 and 120-B IPC, at Police Station Sultanpur Lodhi, District Kapurthala. The FIR (Annexure P-1) has been registered against the petitioners and one Sukhjit Singh, who is the brother of petitioner No.1- Gurcharan Singh on the complaint of Ranjit Singh. The complainant Ranjit Singh has alleged that Sukhjit Singh (brother of Gurcharan Singh-petitioner No.1) impersonated himself by applying for a passport in the Office of Regional Passport Office, Jalandhar by giving the name and particulars of the complainant-Ranjit Singh. It is alleged that Sukhjit Singh affixed his own photograph but signed as Ranjit Singh and got a passport made in the name of Ranjit Singh-complainant. After getting the passport issued from the Regional Passport Office, Jalandhar, Sukhjit Singh applied for visa to visit Germany. When the matter came to the notice of the German Embassy, it filed a criminal complaint against Sukhjit Singh but under the name of Ranjit Singh. The Crl. Misc. No.M-27661 of 2010 ::2:: said Sukhjit Singh had in connivance with the petitioner No.1-Gurcharan Singh, who is Member Panchayat and Gurdev Singh (petitioner No.2) verified the application of Sukhjit Singh who had impersonated as Ranjit Singh. Gurcharan Singh (petitioner No.1) who is brother of Sukhjit Singh and also Member Panchayat of village Jainpur, submitted bail bonds in the Court of Metropolitan Magistrate, New Delhi on 22.09.2010 for a sum of `20,000/-. In the said bail bonds, Gurcharan Singh (petitioner No.1) mentioned himself to be a cousin of said Sukhjit Singh and got released Sukhjit Singh by depicting him as Ranjit Singh. Then, in the said case, Sukhjit Singh pleaded guilty and requested for a lenient view. The Court sentenced him till rising of the Court and on paying a fine of `5,000/-. The complainant went to Delhi and applied for copies of the record and he came to know that accused-Sukhjit Singh by connivance with Gurcharan Singh and Gurdev Singh (petitioners No.1 and 2) had impersonated himself as Ranjit Singh and thereby cheated and played fraud by filing forged documents. Mr. R.K. Joshi, Advocate, learned counsel for the complainant- respondent No.2 has submitted that Sukhjit Singh, who is the main accused, is the real brother of petitioner No.1-Gurcharan Singh. The petitioners had identified Sukhjit Singh as Ranjit Singh-complainant so as to get a fake passport issued in favour of Sukhjit Singh in the name of Ranjit Singh-complainant. The passport that was obtained in the name of Ranjit Singh by Sukhjit Singh has not been surrendered. In response, learned counsel for the petitioners has submitted that the passport which Sukhjit Singh had obtained was taken in possession in FIR No.333 dated 18.09.2001 registered at Janakpuri, New Delhi on the complaint made by German Embassy. Sukhjit Singh has confessed his crime and he was sentenced till the rising of the Court, Crl. Misc. No.M-27661 of 2010 ::3:: besides, he paid a fine of `5,000/-. The passport that was released in favour of Sukhjit Singh, however, according to the learned counsel for the petitioners, has been destroyed by Sukhjit Singh and in any case it has not been used. Learned counsel for the State has submitted that the petitioners are not entitled to the concession of bail on account of the forgery committed by them. Besides, it is submited that the passport has not been surrendered, which is to be recovered. After giving my thoughtful consideration to the matter, it may be noticed that the case is triable by the Court of Judicial Magistrate Ist Class. The trial in the case is likely to take time. The prosecution is to establish and prove its case by leading evidence. The main accused-Sukhjit Singh is absconding and has been declared a proclaimed offender. The petitioners are said to have identified said Sukhjit Singh as Ranjit Singh. Besides, they have verified the particulars of Ranjit Singh whereas the passport was obtained by Sukhjit Singh in the name of Ranjit Singh (complainant). The fact that the passport has been destroyed is a circumstance which is to be taken into consideration by the investigating authorities or the learned trial Court as the case may be or by amending the charge accoridngly. In the facts and circumstances, the petitioners on their furnishing personal bonds and surety each to the satisfaction of learned trial Court shall be admitted to bail. The criminal miscellaneous petition is accordingly disposed of. (S.S. SARON) JUDGE November 09, 2010 sukhpreet