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2009 DIGILAW 712 (PNJ)

Balwant Singh v. State Of Punjab

2009-04-18

KANWALJIT SINGH AHLUWALIA

body2009
Judgment Kanwaljit Singh Ahluwalia, J. 1. The present petition has been preferred under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner in case FIR No. 427 dated 16.12.2008 registered at Police Station City Abohar, District Ferozepur, under Sections 420, 465, 467, 468, 471 & 120-BIPC. 2. In Criminal Misc. No. M-6896 of 2009 preferred by Loona Ram, this Court had passed the following order on 27.3.2009 :- "The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No. 427 dated 16.12.2008 registered at Police Station Abohar, District Ferozepur, under Sections 420, 465, 467, 468, 471 & 120-B IPC. On 10.3.2009, this Court had passed the following order :- "Counsel for the petitioner has submitted that he had purchased the combine vide agreement (Annexure PI). It is submitted that Rs. 4,00,000/- were to be paid by the petitioner to the complainant. Rs. 2,50,000/- were paid and Rs. 1,50.000/- were the balance. Allegation against the petitioner is that the petitioner had obtained duplicate registration certificate of the combine by forging the signatures of the complainant. Counsel for the petitioner further stated that it is to be proved during the course of trial. Further stated that offence, if any, is based on the documents and custodial interrogation is not necessary. Issue notice of motion to learned Advocate General, Punjab, for 27.3.2009. Meanwhile, in the event of arrest, petitioner shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner shall join investigation as and when called for. Petitioner shall also abide by the conditions specified under Section 438(2) Cr.P.C." Counsel for the State, on instructions from Amar Nath, Sub Inspector, submits that petitioner has joined investigation and has given his specimen handwriting in the Court on the asking of the Investigating Officer. Mr. Brar further submits that as per his instructions, custodial interrogation of the petitioner is not required. At this stage. Mr. Lajwant Singh Virk, Advocate, appearing for the complainant, submits that duplicate Registration Certificate of the Combine has not been recovered. Non-recovery of the duplicate Registration Certificate can be explained by the accused at the time of trial. If it is not explained, it will be open for the Court to draw adverse inference. At this stage. Mr. Lajwant Singh Virk, Advocate, appearing for the complainant, submits that duplicate Registration Certificate of the Combine has not been recovered. Non-recovery of the duplicate Registration Certificate can be explained by the accused at the time of trial. If it is not explained, it will be open for the Court to draw adverse inference. In view of the statement made by counsel for the State and order dated 10.3.2009 passed by this Court, interim pre-arrest bail granted to the petitioner is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioner shall furnish regular bail-bonds to the Court concerned. With these observations, present petition is disposed off." Counsel for the petitioners has relied upon the order passed in favour of Loona Ram, co-accused of the petitioners. 3 Counsel for the State has submitted that even though the petitioners have joined investigation, but the duplicate registration certificate has not been given. It has been further submitted that during interrogation co-accused Loona Ram has stated that duplicate registration certificate is in possession of Balwant Singh. 4. Counsel for the petitioners submits that infact the duplicate registration certificate is with Loona Ram, co-accused. 5. Once Loona Ram, co-accused, has been granted anticipatory bail by this Court, parity demands that the petitioners should not be dealt with differently. 6. In view of this, interim pre-arrest bail granted to the petitioners is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioners shall furnish regular bail-bonds to the satisfaction of the Court concerned. 7. With the observations made above, the present petition is disposed off.