IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. - M No. 22592 of 2011 (O&M) Date of decision: November 29, 2011. Mohammad Amir Raja ......... Petitioner Versus State of Punjab ........Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Shri Sahil Kaushal, Advocate, for the petitioner. Shri B.B.S.Teji, Senior Deputy Advocate General, Punjab. RAJESH BINDAL, J The prayer in the present petition is for grant of bail pending trial in case FIR No. 113 dated 15.6.2011 under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code registered at Police Station, Samrala District Ludhiana, on the complaint of Sub Divisional Judicial Magistrate, Samrala on the allegations that the petitioner had signed as Mohammad Amin Sonoo, as the owner of the truck while getting the truck released on supardari on 8.6.2011. Learned counsel for the petitioner submitted that the petitioner was a truck driver on the aforesaid truck owned by Mohammad Amin Sonoo. The said truck met with an accident for which FIR bearing No. 105 dated 2.6.2011 under Sections 279 and 427 of the Indian Penal Code, was registered at Police Station, Samrala. For getting the truck in question released on supardari, the owner of the truck could not come because of certain family problems and he asked the petitioner to get the same -2- Criminal Misc. - M No. 22592 of 2011. released. The petitioner being illiterate and not knowing the repercussions signed the documents as owner of the truck. It is submitted that after getting the truck released on supardari, the same was handed over to the owner of the truck. He has no grouse. The fact that the petitioner acted bonafide is evident from the fact that on the very next day he appeared in the Court in the case pertaining to the accident. He is stated to be in custody since 15.6.2011. The case is triable by a Magistrate. The learned counsel for the State submitted that considering the fact that the petitioner has tried to play fraud with the Court having signed the documents claiming himself to be Mohammad Amin Sonoo, he does not deserve concession of bail. After hearing learned counsel for the parties and considering the fact that the petitioner is in custody since 15.6.2011; the case is triable by a Magistrate, the trial will take long time as the prosecution evidence is yet to start, in my opinion, the petitioner deserves concession of bail pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Ludhiana. Considering the fact that the petitioner is a resident of Jammu and Kashmir, heavy surety be taken and the trial court shall ensure from the owner of the truck that in fact he received the possession of the truck in question, as is sought to be claimed by the petitioner. November 29, 2011 (Rajesh Bindal) Malik Judge