High CourtsSingle Bench(2021) 03 P&H CK 0327

Mohd. Ashish @ Ashiq vs U.T Chandigarh

Punjab And Haryana At Chandigarh · Decided on 25 March 2021

HON’BLE JUDGES
Anil Kshetarpal, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 17947, 23620 Of 2020

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Judgment

4 paragraphs · 256 words

Anil Kshetarpal, J

By this order, two petitions, i.e. CRM-M-17947 & 23620 of 2020, shall stand disposed of. Petitioners in both the petitions pray for grant of bail in a criminal case arising out of FIR No.372 dated 06.09.2017 registered under Sections 419, 420, 467, 468, 471 and 120-B IPC and Section 66-D of Information and Technology Act, 2000, registered at PS Sector 39, Chandigarh.

As per the case of prosecution, the petitioners along with certain other co-accused duped the first instalment of Rs.29,50,000/- on the pretext of supplying herbal extract seeds which were projected to be having good international demand. The petitioners have already undergone more than three years of actual custody. On 11.02.2021, Sh. AM Punchhi, PP, UT Chandigarh, was requested to get information with regard to the criminal antecedents of the petitioners from the other States. Affidavit of Deputy Superintendent of Police, Cyber Crime Investigation Cell, Chandigarh, has been filed pointing out that the prosecuting agency could not get information with regard to any pending cases in the other States against the petitioner-Abdul Muneer. However, Sh. AM Punchhi, PP, UT Chandigarh, has informed the Court that there are two more cases of similar nature against the petitioner-Mohd. Ashish.

Keeping in view the fact that the petitioners have already undergone more than three years of actual custody, these petitions are allowed and the Trial Court is directed to release the petitioners on bail after examining the feasibility of demanding heavy surety keeping in view the amount involved and the petitioners are residents of Maharashtra.