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2013 DIGILAW 592 (PNJ)

Santra Devi v. State of Haryana

2013-05-07

Mehinder Singh Sullar

body2013
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral):- As, Santra Devi wife of Jaipal Singh (petitioner No.1) is stated to have since been discharged by the Chief Judicial Magistrate, therefore, her petition for anticipatory bail becomes infructuous, which is hereby disposed of as such, as prayed for. 2. Petitioner No.2-Jaipal Singh son of Kedar Singh, has preferred the instant petition for the grant of anticipatory bail in a case registered against him along with his other co-accused, by way of FIR No.159 dated 25.02.2013, on accusation of having committed the offences punishable under Sections 420, 447, 467, 468, 471, 506, 120-B IPC and Section 81 of the Registration Act, by the police of Police Station City Jind, invoking the provisions of Section 438 Cr.P.C. 3. Notice of the petition was issued to the State. 4. After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context. 5. The prosecution claimed that Jagat Singh son of Maha Singh, father of the complainant, was the owner of the plot in dispute. He mortgaged the plot with one Dalbir Singh son of Rattan Singh. He(Dalbir Singh) fraudulently executed a power of attorney in favour of Ram Singh accused. Then Ram Singh accused executed a power of attorney in favour of Balwan Singh, who was stated to have sold the disputed property to the present petitioner-Jaipal Singh son of Kedar Singh by way of registered sale-deed for a total consideration of Rs.2,42,000/-. The sale consideration of the plot was stated to have been paid by the petitioner before the Sub-Registrar. All the main allegations of commission of the indicated offences are assigned to other main coaccused. In this manner, he(petitioner No.2) appears to be the main victim at the hands of other co-accused, as he purchased the plot vide a registered sale-deed for a sum of Rs.2,42,000/-. 6. Moreover, interim anticipatory bail was granted, to enable the petitioner to join the investigation by a Coordinate Bench of this Court(Ranjit Singh, J.), by means of order dated March 22, 2013. At this stage, on the instructions from ASI Vijender Kumar, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. 6. Moreover, interim anticipatory bail was granted, to enable the petitioner to join the investigation by a Coordinate Bench of this Court(Ranjit Singh, J.), by means of order dated March 22, 2013. At this stage, on the instructions from ASI Vijender Kumar, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation, at this stage. There is no history of his previous involvement in any other criminal case. 7. In the light of aforesaid reasons and taking into consideration the totality of other facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to petitioner No.2 by this Court, vide order dated March 22, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438 (2) Cr.P.C. Needless to mention that, in case, the petitioner No.2 does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this regard. ---------0.B.S.0------------