Mohammed Shafique Gori vs State Of Punjab
- Neutral2024:PHHC:171142
Ratio decidendi
The rule this decision rests on
In bail applications involving digital crimes of a serious nature where the charge sheet has recently been filed and the trial has not yet commenced, bail may be refused pending the examination of main prosecution witnesses, such examination being necessary before the grant of bail given the gravity of the offence and the need to allow the prosecution to establish its case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
CRM-M-64439 64439-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-64439-2024 2024 Date of decision : 19.12.2024 12.2024
Mohammed Shafique Gori .......Petitioner Versus State of Punjab and another ....Respondents ....Respondent
CORAM: HON'BLE MR. JUSTICE JUSTICE SHEEL NAGU, CHIEF JUSTICE
Present: Mr. Naveen Siwach,, Advocate, for the petitioner.
Mr. H.S. Deol, Senior DAG, Punjab.
****
SHEEL NAGU, CHIEF JUSTICE ( Oral )
1. The petitioner is in custody since 222.10.2024 in relation to
offences of cheating and forgery and offence punishable under the Information
Technology Act, is praying for regular bail in FIR No. 23 dated 12.09.2024
under Sections 308 (2), 318 (4), 319 (2), 61 (2) of the Bharatiya Nyaya Sanhita
(BNS), 2023 and Sections 66 C and 66 D of the Information Technology Act
(Sections 337 and 338 BNS added later on) registered at Police Station State
Cyber Crime, SAS Nagar Mohali, District SAS Nagar Mohali.
2. The petitioner is alleged to have made digital arrest of the
complainant and extracted extracted money from him. A large sum of amount was
transferred in the account of co-accused co accused and thereafter, it was transferred to the
account of the petitioner, source of which is not explained.
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CRM-M-64439 64439-2024 -2-
3. Digital crimes of this nature are on the rise and, theref therefore, ore, assume
relevance and need to be dealt with heavy hands. Trial though has not started,
but the charge sheet has been recently filed on 11.12.2024.
4. In view of gravity of the offence, it would be appropriate to allow
the main prosecution witnesses to be examined.
5. Petition, for the time being, stands dismissed with liberty to the
petitioner to re-visit re visit the Court, after examination of main prosecution
witnesses or if the trial gets further delayed, whichever is earlier.
( SHEEL NAGU ) CHIEF JUSTICE December 19, 2024 narotam
Whether speaking/reasoned Yes/No Whether reportable Yes/No
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