RAJINDER SINGH KALSI Vs. STATE OF U.T.

JUDGEMENT

(1.) PRAYER in this petition is for grant of regular bail to the petitioner, Rajinder Singh Kalsi, son of Joginder Singh, resident of House No. 910, Phase -II, Mohali, who has been booked for having committed the offences punishable under Sections 120 -B, 420, 467, 468 and 471, IPC, in a case arising out of FIR No. 444, dated 15.11.2012, registered at Police Station, Sector 11, Chandigarh. Learned senior counsel submits that the petitioner is serving the complainant -bank for the last more than 25 years and has a clean past; he is behind the bars from 15.11.2012; and that after investigation the charge -sheet (report under Section 173, Cr.P.C.) has already been submitted before the learned Area Judicial Magistrate. He further submits that even if the documents accompanying the report under Section 173, Cr.P.C., are taken at their face value, then also nothing material has emerged on record connecting the petitioner to the offences for which he has been booked. He further submits that the petitioner is an employee of the bank and has a family to maintain, therefore, he is unlikely to run away from trial.

(2.) LEARNED counsel for the State on instructions from Inspector S.P.S. Sondhi of Economic Offences Wing, Sector 17, Chandigarh, very fairly concedes that after investigation, the charge -sheet (report under Section 173, Cr.P.C.) has already been submitted before the learned Area Judicial Magistrate. He also submits that further investigation is going on and it is likely that more incriminating evidence will come on record against the petitioner and, therefore, he should not be granted bail.

(3.) THE petitioner was concededly a Manager of the complainant -bank. He has served the complainant -bank for more than 25 years and has a clean record. The investigation is complete and the charge -sheet (report under Section 173, Cr.P.C.) has already been submitted before the learned Area Judicial Magistrate. All the offences for which the petitioner has been booked are triable by the learned Judicial Magistrate Ist Class. The petitioner is behind the bars from 15.11.2012. The trial would take sufficient long time to conclude. The petitioner cannot be detained on the ground that during further investigation, more material will emerge against him. Keeping in view the totality of the facts and circumstances of the case and the period of incarceration which the petitioner has suffered, the present petition is allowed. The petitioner, Rajinder Singh Kalsi, son of Joginder Singh, resident of House No. 910, Phase -II, Mohali, is ordered to be released on bail during pendency of the trial of this case, subject to his furnishing bail bonds in the sum of Rs. 5,00,000/ - with two local sureties in the like amount, to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Chandigarh.