SHIVANSHU v. STATE OF UT CHANDIGARH
Case at a glance
Provisions considered
Key paragraphs
- Para 55. In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the…
Judgment
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Varinder Basa, Advocate for the petitioner. Mr. Manish Bansal, PP, U.T. Chandigarh with Mr. Navjit Singh, Advocate for respondent No.1. **** HARKESH MANUJA, J. (ORAL)
#1. By way of present petition filed under Section 439 CrPC, prayer has been made for grant of regular bail in case FIR No. 88 dated
31.08.2023 registered under Sections 419, 420 and 120-B of IPC, at Police Station Cyber Crime, Chandigarh wherein, the petitioner has been implicated with the allegations of having committed an online fraud with the complainant by having duped him of Rs.50,000/- through an online fraud.
#2. The prayer made herein has been vehemently opposed at the instance of learned State counsel while submitting that the charges are yet to be framed though, the investigation stands concluded.
#3. I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner. TEJWINDER SINGH 2024.02.23 12:15 I attest to the accuracy and integrity of this document -2- CRM-M-60944-2023
#4. In the present case, investigation stands concluded with the filing of challan and the petitioner has also reimbursed the amount to complainant. Considering the fact that the trial is likely to take some time, the petitioner being a young boy of 20 years of age and a first-time offender this Court does not find justification to extend his incarceration any further.
#5. In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate.
22.02.2024 Tejwinder Whether speaking/reasoned Whether Reportable (HARKESH MANUJA) JUDGE Yes/No Yes/No TEJWINDER SINGH 2024.02.23 12:15 I attest to the accuracy and integrity of this document TEJWINDER SINGH 2024.02.23 12:15 I attest to the accuracy and integrity of this document
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860.
Which court decided this case, and when?
Punjab & Haryana High Court, on 22 Feb 2024. The bench was HARKESH MANUJA.
Precedent status how later indexed judgments have treated this case
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