IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 23028 of 2010(O&M) Date of Decision: September 22, 2010. Mohd. Zaheer ...... PETITIONER(s) Versus State of Punjab and another. ...... RESPONDENT(s) Present: Mr. L.M.Gulati, Advocate for the petitioner. Mr. K.D.Sachdeva, Addl.A.G., Punjab. Mr. Mannat Singh Mann, Advocate for respondent No.2. ***** RAM CHAND GUPTA, J.(Oral) This is an application for regular bail filed under Section 439 of Cr.P.C. in complaint case No. RBT 184 dated 19.10.2000/12.04.2005, under Section 138 of Negotiable Instruments Act, pending in the court of Judicial Magistrate First Class, Amritsar. I have heard learned counsel for the parties and gone through the record. Petitioner is facing trial before learned Magistrate in complaint case for committing offence under Section 138 of Negotiable Instruments CRM No.M-23028 of 2010 Act. It has been contended by the learned counsel for the petitioner that he has been continuing in custody since 01.06.2010. It is further contended that bail was refused to him by learned Magistrate as well as learned Additional Sessions Judge on the plea that earlier he was declared proclaimed offender and that another FIR No.25 dated 29.01.2002, under Sections 186/353/224 / 225/332/34 IPC was registered against him at Police Station Jama Masjid, Delhi. It is further contended that in that case he had pleaded guilty and he was punished. It is further contended that in another similar complaint filed by the complainant against him, he has been released by learned Magistrate and he has never misused the concession of bail. These facts have not been disputed by learned counsel for the State. 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. Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of petitioner –Mohd. Zaheer is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Amritsar. ( RAM CHAND GUPTA ) September 22, 2010. JUDGE 'om' 2