CRM-M-23841-2011 [ 1 ] ::::::::: IN TH E HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23841-2011 Date of decision:22.09.2011. Harbans Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Ms. Jagdeep Bains, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** Rakesh Kumar Jain, J. (Oral) This is a petition for grant of bail in a pending trial case registered vide FIR No.104 dated 10.06.2011, under Sections 420, 419, 467, 468, 471, 120-B IPC at Police Station Raikot, District Ludhiana Rural. Learned counsel for the petitioner submits that the allegation against the petitioner is that he had forged the General Power of Attorney dated 10.05.2006 purported to have been executed by his mother and sold the property in dispute on 25.09.2006, whereas the mother of the petitioner and the complainants died on 28.01.2007. She further submits that the FIR has been registered after a delay of almost 5 years and the petitioner has been taken into custody on 14.06.2011. It is also submitted that so far even the challan has not been presented. Learned State Counsel, on instructions received from SI Nirmal Singh, has admitted that the petitioner is in custody since 14.06.2011 and the challan has not been presented so far. Learned counsel for the petitioner has then argued that the petitioner is otherwise entitled to concession of bail under the default clause as per Section 167(2)(a)(i) & (ii) of the Code of Criminal Procedure, 1973 [for short “Cr.P.C.”] as the offence alleged to have been committed CRM-M-23841-2011 [ 2 ] ::::::::: by the petitioner is under Sections 420 & 467 IPC and as the maximum sentence under the provisions of Section 467 IPC can be extended upto 10 years, in that circumstance, the challan has to be presented within 60 days from the date of arrest. She further submits that even if the provisions of Section 467 IPC and Section 167(2)(a)(i) is to be taken into consideration and the statutory period of 90 days is to be counted, in that event also, the challan has to be presented within 90 days, but till today the challan has not been presented, whereas 102 days have already expired. Keeping in view the facts and circumstances of the case, but without making any observation on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the learned Trial Court. September 22, 2011 (Rakesh Kumar Jain) vinod* Judge