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2011 DIGILAW 1383 (PNJ)

Ranjit Singh Rana v. State of Punjab

2011-07-09

M.M.S.BEDI

body2011
JUDGMENT Mr. M.M.S. Bedi, J.: (Oral) - Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of complainant Pavittar Singh alleging that the petitioner had received a sum of Rs.1.25 lacs from the complainant on the pretext that a .12 bore gun will be sold to the complainant. The sum of Rs.1.25 lacs was received by the petitioner and his brother Paramjit Singh in the Court complex, Mansa in the presence of Som Nath. An affidavit on Stamp paper of worth Rs.50/- was allegedly executed regarding the sale of Revolver wherein the transaction of sale of Revolver was mentioned. A photocopy of the Arms licence was allegedly handed over to the complainant. The Revolver was allegedly got checked from Arms Dealer but was found to be duplicate. 2. A perusal of the police file indicates that the affidavit of brother of petitioner is not attested. The case has been registered on the basis of the photocopies. The Arms licence of Paramjit Singh was allegedly taken in possession by the police after arresting him which is valid for the District and not valid for India. The weapon is alleged to have been taken into possession. 3. Counsel for the petitioner submits that on account of a dispute regarding the sale of property with Satpal, the petitioner and his brother have been falsely indicted. A detailed history has been given indicating that the petitioner was kept in house arrest. 4. Without entering into the previous history, it is sufficient to observe here that the petitioner is not required for any recovery. His brother had already been arrested and he was granted the concession of bail. Pursuant to interim orders passed by this Court, the petitioner has already joined investigation. The incident mentioned in the petition and the Annexures attached reflect unfair and biased attitude of the prosecution agency. 5. The petition is allowed. It is ordered that in case of arrest of the petitioner, he shall be released on bail to the satisfaction of the arresting officer subject to all the conditions under Section 438 (2) Cr.P.C. 6. In case of presentation of challan against the petitioner, he will be required to furnish fresh bail bonds/surety bonds to the satisfaction of Court concerned. ----------0BSK0----------