KANHIYA KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail in FIR No.90 dtd. 13/10/2020 under Ss. 420, 419, 468, 34 IPC and Sec. 66 (D) of I.T. Act, registered at Police Station Narot Jaimal Singh, District Pathankot.

(2.) Learned counsel for the petitioners submits that the FIR was registered at the instance of Ravinder Singh that an advertisement was published in the newspaper (Indian Express) regarding dealership of petrol pumps for the State of Punjab and 12 other states. Believing the same to be correct, complainant deposited an amount of Rs.9.79 lacs in the account of the petitioner, however, later on, it was found that advertisement and further initiation of the petitioner was fake. It is further submitted that petitioner No.1 Kanhiya Kumar @ Ghaniya Kumar is in custody for the last 09 months and 21 days and petitioner No.2 Sunil Kumar Sahni @ Sunil Kumar @ Anil Kumar is in custody for the last about 01 year; offences are triable by the Court of Magistrate; out of total 22 prosecution witnesses, only 01 PW has been examines so far and it will take long time in conclusion of the trial. It is also submitted that to show their bonafide, without prejudice to their right of defence, the petitioners are ready to deposit Rs.1.00 lac each with the trial Court, subject to final outcome of the trial.

(3.) Learned State counsel has filed the custody certificate in the Court today and has not disputed the factual position.