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Judgment
M.L. Singhal, J.
This is Criminal Misc. No. 25883M of 1998 whereby Gurinder Singh alias Bobby has prayed for the grant of bail to him in case FIR No. 132 dated 31.8.1998, under Sections 420, 419, 467, 468, 471/120B IPC and 25 Arms Act, Police Station, Sadar Ropar.
The prosecution case in brief is that on 31.8.1998 Inspector Didar Singh, SHO, Police Station Sadar Ropar, received secret information that Gurinder Singh alias Bobby (petitioner) was previously dealing in sale and purchase of cars and had of late started getting financed on fictitious names Zen cars and Sumo jeeps etc. at Mohali and further selling the same in connivance with Jatinder Singh Brar and Jatinderpal alias J.P. resident of Batala from different finance companies, namely, Bank of America, Chandigarh, Escort Finance Company, Chandigarh. He further got information that Gurinder Singh got a red coloured Zen car financed in the name of Kuldip Singh resident of Kothi No. 2414, Section 71, Mohali, after paying small amount from 20th Century Finance Corporation Ltd. According to the prosecution there is in fact no Kuldip Singh resident of Kothi No. 2414, Section 71, Mohali. In fact, Gurinder Singh on the basis of forged papers representing himself to be Kuldip Singh got released vehicle and similarly he got released one Zen car from Bank of America. Similarly Bhupinder Singh Brar got released one Zen car from one ILD Company, Chandigarh, in the name of Mukesh, resident of Kothi No. 2414, Sector 71, Mohali, with fake name. A person named Chan got released one Zen car in the name of Chan resident of Abohar now at Mohali and also one Sumo jeep got released from some finance company under fake name. Gurinder Singh while travelling in white coloured Zen car bearing registration No. CH01V 6338 at Amritsar was challaned by Amritsar traffic police as he was not having R.C. and insurance. That vehicle was also fictitiously procured by this gang. Bhupinder Singh also purchased one more Maruti Zen from a finance Company and sold at Ganganagar (Rajasthan) and he is also having a King Gypsy. According to the prosecution Gurdinder Singh had fired with an illegal arm operating from his rented house to create terror in the minds of the people. Gurinder Singh also got printed fictitious visiting cards under the name of J.P. Builders and Engineer, Kothi No. 2414, Sector 71, Mohali. Gurinder Singh has also Maruti Zen cars and illegal tipper vehicles in his possession. He also purchased Maruti red coloured Zen car from 20th Century Finance Corporation Ltd., on fictitious name and displayed the same near Roop Palace Hotel, Ropar, near Police Station Sadar Ropar.
The learned counsel for the petitioner has submitted that the petitioner has been in custody since 29.8.1998. At that time one Maruti Zen car was also taken into possession from him and also one mobile phone, one single barrel .12 bore gun. The licence is in the name of fatherinlaw of the petitioner who had come to see his daughter who is wife of the petitioner. He further submitted that the petitioner is working as an Agent of the 20th Century Finance Corporation Ltd. and the said Maruti Zen car which was taken into possession by the police had been given by the said Finance Company to him on the authority letter issued to him by the Company. It was further submitted that there is no evidence that Kuldip Singh is a fictitious person and the two tipper vehicles taken by the police actually belonged to Anagram Finance Limited with whom the petitioner is working as an Agent.
There is a letter addressed to the police by the 20th Century Finance Corporation Ltd., according to which a fraud had been committed on the said Company.
The petitioner has remained in police custody. The petitioner is now in judicial custody for the last about two months. In such cases, the investigation is sometimes a longdrawn process. No useful purpose will be served by keeping the petitioner in jail. In my opinion, he should be allowed bail. So, bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Ropar.
The petitioner is directed to make himself available at Police Station Sadar Ropar, to the Investigating Officer on second and last Saturday of each month so that the investigating officer is able to keep himself abreast of all his activities. The petitioner will keep on doing so till the challan is put in the Court. In the daily diary register of Police Station Sadar Ropar, his presence will be marked as also the track of his activities.