Crl. Misc. No. M- 36982 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 36982 of 2009 Date of Decision: September 15, 2010 Kaushal Madan Lal Khanna ........Petitioner Versus State of Haryana & others ........Respondents ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. R.K. Lamba, Advocate, for the petitioner. Ms. Shubra Singh, DAG, Haryana. Mr. S.N. Gaur, Advocate, for respondents No.2 & 3. SABINA, J. Petitioner has filed this petition under Section 439(2) of the Code of Criminal Procedure for cancellation of bail in case FIR No.311 dated 31.10.2009, under Sections 419,420,467,468,471,120-B of Indian Penal Code registered at Police Station NIT, Faridabad, Haryana. Heard. After hearing the learned counsel for the parties, I am of the opinion that no ground for cancellation of bail is made out. The learned Additional Sessions Judge while allowing bail to the respondents No.2 & 3 in para 5 of the order has held as under :- “The role of accused Nand Kishore is that he is a typist in Bulandsher, Uttar Pardesh and has only prepared a copy of the lease deed. The forged document is G.P.A. And not the lease deed and his involvement is based on the basis Crl. Misc. No. M- 36982 of 2009 2 of statement of co-accused, where a disclosure statement has suffered. Except it there is no evidence available with the prosecution. The evidence against the accused Kishan Chand is that he prepaid a forged G.P.A. of Smt. Shukla Jagota and then entered into a agreement to sell with accused co- accused Sanjay Arora. Accused Kishan Chand has sought bail on two counts. He has pleaded that his daughter is going to be married on 27.11.2009 and there is no one except him to arrange this marriage. In support of his case a marriage card and other documents including some receipts of booking of lawns etc. are attached. Though, on the day when G.P.A. was executed Smt. Shukla Jagota was not in India, as per the passport of Smt. Shukla Jagota. However, accused Kishan Chand is also not required for the purpose of investigation/interrogations as he is in judicial custody since 1.11.2009. The offence allegedly to be committed by the accused are triable by the court of Magistrate and it is a fact that trial will take long time in its completion. No useful purpose would be served by keeping the accused in custody for such a long time. Now accused Kishan Chand is confined in Judicial custody since 1.11.2009 and it is a fact that his daughter is going to be married on 27.11.2009 and there is no one except him to arrange the marriage. So far as the accused Satbir Yadav is concerned he is merely a witness of the agreement to sell which was executed by Kishan Chand in favour of Sanjay Arora. The prosecution has failed to Crl. Misc. No. M- 36982 of 2009 3 explain his role as merely to witness a document is not an offence. Either he was a conspirator for which at least there is not an offence. Either he was a conspirator for which at least there is no evidence available with the prosecution at this stage, therefore, in the totality of the circumstances, where the trial of the case will take long time in its completion and no useful purpose would be served by keeping the accused in custody for such a long time. Therefore, all the three petitions are accepted and the petitioners-accused in custody for such a long time. Therefore, all the three petitions are accepted and the petitioner-accused are admitted to bail on their furnishing bail bond in the sum of Rs.50,000/- each in the like amount local surety of district Faridabad entirely to the satisfaction of learned Ilaka Magistrate/duty Magistrate, Faridabad. Copy of this order be sent to learned Ilaka/Duty Magistrate, Faridabad, for necessary compliance. File be consigned to record room.” The reasons given by the learned Additional Sessions Judge while granting bail to the respondents No.2 & 3 are sound reasons. Moreover, the case rests on documentary evidence. Now the challan has already been presented in this case and the case is now listed for framing of charge on 17.9.2010. Dismissed. (SABINA) September 15, 2010 JUDGE Anand