Sanjeev Kumar Goyal @ Mintu vs. State Of Punjab
Facts
The petitioner, Sanjeev Kumar Goyal @ Mintu, filed a petition under Section 439 Cr.P.C. seeking regular bail. He has been in custody for approximately three months. The FIR, No. 51 dated 2.5.2021, was registered under Sections 420 and 120-B of the Indian Penal Code at Police Station Longowal, District Sangrur. The allegations state that the petitioner's GST number was allegedly used by a co-accused, Abhishek Goyal, for business transactions with the complainant. The investigation is complete, and a challan has been presented. The State counsel, assisted by the complainant's counsel, did not dispute the factual position regarding the completion of investigation and presentation of the challan.
Held
The Court allowed the petition for regular bail. The decision was based on the fact that the petitioner had been in custody for approximately three months and that the investigation was complete, with the challan having been presented. The Court also noted that the offence is triable by the Court of Magistrate and that the trial is likely to take some time to conclude. Without commenting on the merits of the case, the Court directed the release of the petitioner on regular bail, subject to furnishing bail/surety bonds to the satisfaction of the trial Court or Duty Magistrate. No specific GST provisions were discussed or relied upon in the decision.
Key Issues
1. Whether the petitioner is entitled to regular bail under Section 439 Cr.P.C. in FIR No. 51 dated 2.5.2021, registered under Sections 420 and 120-B IPC, considering he has been in custody for about three months and the investigation is complete with the challan presented? Petitioner's Contention: The petitioner argued that he has been in custody for approximately three months, the investigation is complete, and the challan has been presented. These factors warrant the grant of regular bail. Respondent's (State) Contention: The State counsel, assisted by the complainant's counsel, did not dispute the factual position presented by the petitioner regarding the duration of custody, completion of investigation, and presentation of the challan. No specific argument was recorded against the grant of bail based on these facts.
AI-generated summary — verify with the full judgment below
231 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29086-2021 Date of Decision : September 06, 2021 Sanjeev Kumar Goyal @ Mintu ....Petitioner Versus State of Punjab
....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present : Mr. J.S. Bedi, Senior Advocate with Mr. Sonpreet Singh Brar, Advocate for the petitioner. Mr. Joginder Pal Ratra, DAG, Punjab. Mr. Ishan Gupta, Advocate for the complainant. (through video conferencing). ARVIND SINGH SANGWAN, J. (Oral) This is the first petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.51 dated 2.5.2021 under Sections 420, 120-B IPC, registered at Police Station Longowal, District Sangrur. Learned Senior counsel for the petitioner submits that the petitioner is in custody for the last about three months and the investigation is complete and the challan stands presented. It is also submitted that the allegations against the petitioner are that the GST number was used by co-accused Abhishek Goyal for the purpose of making some business transactions with the complainant. SATISH KUMAR 2021.09.07 11:10 I at
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