Research › Search › Judgment

Punjab High Court · body

2012 DIGILAW 1689 (PNJ)

Mahanta Singh v. State of Punjab

2012-12-03

RAM CHAND GUPTA

body2012
JUDGMENT Mr. Ram Chand Gupta, J.(Oral) - The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 90 dated 03.10.2012, under Sections 420/120B IPC, registered at police station Lakho Ke Behram, District Ferozepur. 2. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Ferozepur dismissing anticipatory bail application filed on behalf of the petitioners. 3. This Court while issuing notice of motion on 02.11.2012 passed the following order:- “Crl.M.No.65530 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-34324 of 2012 Contends that, in fact, fraud has been committed upon the present petitioners by complainant as petitioners used to sell their agricultural produce at the shop of the complainant being commission agent and during those dealings he might have obtained signatures/thumb impressions of petitioners on some papers, which were later on got converted into alleged sale deed dated 12.8.2002. It is further submitted that the land remained in possession of petitioners throughout and that even mutation of the land on the basis of the alleged sale deed was also not got sanctioned by complainant for about ten years from the date of alleged execution of sale deed. It is further contended that the mutation was got sanctioned on 2.7.2012, whereas loan was already taken by the petitioner by mortgaging part of this land with the bank prior to 2.7.2012, i.e. on 5.6.2012. it is further contended that petitioners also filed civil suit for getting the said sale deed set aside. It is further contended that petitioner no.1 is an old person of 75 years of age and petitioner no.2 is his son. Notice of motion to Advocate General, Punjab, for 3.12.2012. However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.” 4. It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 02.11.2012. 5. It has also been stated by learned counsel for the State, on instruction from ASI Baljit Singh, that petitioners have joined the investigation and that they are no more required for any custodial interrogation. 6. It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 02.11.2012. 5. It has also been stated by learned counsel for the State, on instruction from ASI Baljit Singh, that petitioners have joined the investigation and that they are no more required for any custodial interrogation. 6. There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 7. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Mahanta Singh and Gurpreet Singh is accepted and order dated 02.11.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. 8. The present petition stands disposed of accordingly. ---------0.B.S.0------------