BALRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is facing trial for having forged a cheque issued by his niece for an amount of Rs. 4,00,000/- (Four lacs). It is proved on the record of the case that the cheque having been dishonoured he filed prior in point of time a complaint against his niece under Section 138 of the Negotiable Instruments Act. As to which version is correct would be a moot point particularly when the FSL has returned a finding that the cheque has actually been signed by the niece of the petitioner. It is true that the allegations made in the first information report are serious and perhaps for that precise reason, petitioner was not allowed anticipatory bail upto the Supreme Court. As on today he is in judicial lock up from 12.12.1994 and after taking remand of 8 days, the police authorities stated that he is not required further for any investigation. The trial in the matter in the very nature of things would take a long time as till today even the challan his not been presented. In the totality of the circumstances and without expressing any opinion on the merits of the case, this court is of the view that the petitioner should be allowed bail during the pendency of the trial. So ordered, however, the Chief Judicial Magistrate, granting bail to the petitioner would ensure that the sureties are absolutely solvent. This court is given to understand that the petitioner is holding three passport of different names with different photographs. With a view to ensure that he does not run away from law and participates in trial, it is ordered that all his three passports shall be impounded by the police authorities and further during the pendency of the criminal case against him he will not leave the country.