SARWAN SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 439 Cr.P.C. for grant of bail in case FIR No.195/2013, under Sections 419/420/467/468/471/120-B IPC, P.S. Economic Offences Wing. Notice was issued to the State on 22nd September, 2014. The status report has been filed where the case of the prosecution has been narrated on the basis of the FIR filed by the complainant. The relevant extracts of the complaint read as under:-

(2.) Mr.Manan, learned counsel for the petitioner submits that no incriminating material has been recovered, either from the possession of the petitioner or at his instance. As per the FIR, no amount was paid by the complainant to the petitioner. The investigation against the petitioner is already complete. The Investigating Agency has filed the charge-sheet and the petitioner is now no more required for any investigation. He further says that the petitioner is merely a witness to the documents. The main transaction was between the complainant and one Makhan Singh and Smt.Mohinder Kaur. The petitioner is in judicial custody since 6th March, 2014 in this case. The petitioner is aged about 80 years and he requires medical assistance due to old age. He undertakes to abide by any condition if imposed by this Court while granting the bail. He has no previous involvement in any of the matter. There is no chance of his absconding or tampering with the prosecution evidence.

(3.) On the other hand, learned APP for the State assisted by the learned counsel for the complainant states that the petitioner is the central character of the story who introduced the other accused to the complainant to whom the complainant has paid the amount. The case against the petitioner is of serious nature. Thus, he should not be granted bail in the matter. He further submits that the petitioner's son Baldev Singh is absconding, though the main accused persons are in the custody.