Crl.M.No.M-10294 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-10294 of 2011(O&M) Date of Decision: May 19, 2011 Gagan Kumar .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.R.K.Samyal, Advocate with Mr.Sandeep Gahlawat, Advocate for the petitioner. Mr.C.S.Brar, DAG, Punjab and Ms.Kavita Arora, AAG, Punjab. ..... RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.311, dated 22.7.2010, registered under Sections 420, 465, 467, 468, 471, 120-B IPC (Section 201 IPC added subsequently), at Police Station Division No.5, Civil Lines, Ludhiana City. I have heard learned counsel for the parties and have gone through the whole record carefully. It has been contended by learned counsel for the petitioner- accused that petitioner-accused has been continuing in custody since 1.9.2010 and that no witness has been examined so far. It is further contended that as per the charge framed against him, only alleged loss of `10 lacs has been caused to the Government, whereas it has been alleged that there was bogus billing for sale and purchase to the tune of `57 crores. Crl.M.No.M-10294 of 2011(O&M) -2- It is further contended that the present FIR has been registered pursuant to an order passed by learned Value Added Tax Tribunal, Punjab, Chandigarh, dated 26.4.2010, and however, petitioner has not been named in the said order. It is further contended that he is having valid Tin Number and has not indulged in any bogus sale and purchase and rather he has been condemned un-heard, as no notice has been issued to him before taking action. Bail application has been opposed by learned State counsel merely on the ground that there are serious allegations of forgery against petitioner-accused causing loss of `10 lacs to the State Exchequer. Perusal of charge-sheet framed in this case by Additional CJM, Ludhiana, dated 25.3.2011 shows that there is alleged loss to the Government to the tune of `10 lacs on account of alleged act of petitioner. Case is based on documentary evidence and the witnesses are also official witnesses. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Offence is triable by Magistrate. Petitioner has been continuing in custody since 1.9.2010. Trial is not likely to be concluded in near future. Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Gagan Kumar for grant of regular bail is allowed. Bail to the satisfaction of CJM/trial Court, Ludhiana. 19.5.2011 (Ram Chand Gupta) meenu Judge Crl.M.No.M-10294 of 2011(O&M) -3-