IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-4792 of 2010 Date of decision : 30.3.2010 Jiwan Kumar …. Petitioner Versus State of Punjab …. Respondent Present: Mr. L.S. Sidhu, Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him 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 Satpal Singh and conversing with each other. Then Manish Kumar @ Kaka, Somvir Singh @ Sonu, Chakravarti Gupta and Jitender Kumar @ Vicky residents of Crl. Misc. No. M-4792 of 2010 [2] 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 a deal regarding sale of motorcycles is finalized, they would give them registration copies of the motorcycles. They stated that they had obtained affidavits from the original owners regarding the purchase 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, one Hero Honda CD Delux, the registration copy of which was in the name of Amrik Singh and the second was also a Hero Honda CD Delux, the registration copy of which was in the name of Inder Singh. They discussed about the sale of the motorcycles. The complainant purchased both the motorcycles in good faith for Rs.48,500/- from Manish Kumar @ 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 about 10-11 days earlier and sold Hero Honda Splendor Plus motorcycle with registration copy in the name of Manish Kumar himself at full value of Rs.22,500/-. After taking full payment, registration copy of the motorcycle was given. 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 Crl. Misc. No. M-4792 of 2010 [3] 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 the petitioner is not named in the FIR. He has been arrested on 29.12.2009 after the FIR was registered on 17.12.2009. The trial in the case is likely to take time. The challan in the case has been filed on 27.3.2010. Therefore, the custody of the petitioner 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 petitioner is not warranted. Accordingly, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned trial Magistrate shall be admitted to bail. (S.S. SARON) JUDGE March 30, 2010 amit