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(2021) Law Today Live Doc. Id. 16356
Decided on: 15.07.2021
Present:
Mr. Sandeep Arora, Advocate, for the petitioner.
Mr. Sandeep Singh Deol, DAG, Punjab.
Mr. S.N. Pillania, Advocate for the complainant.
Indian Penal Code, 1860 (45 of 1860), Sections 420, 465, 467, 468, 471 and 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attesting witness of forged GPA – Anticipatory bail -- Interim bail was granted on contention that petitioner, who is a Numberdar, is an attesting witness to the General Power of Attorney, which is alleged to have been forged – Beneficiary to the GPA/ co-accused granted interim protection – Now interim bail granted to co-accused, has been made absolute by High Court – Petitioner has joined investigation and is no longer required for custodial interrogation – No other case is pending against the petitioner – Petition allowed and the order granting interim bail to the petitioner is made absolute.
(Para 2-5)
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SUVIR SEHGAL, J. (ORAL) –
1. The Court has been convened through video conferencing due to Covid-19 pandemic.
2. On 01.06.2021, this Court passed the following order:-
“The Court has been convened through video conferencing due to Covid-19 Pandemic.
Instant petition has been filed under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in case FIR No. 165 dated 11.12.2019 under Sections 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, 1860, registered at Police Station Navi Baradari, District Jalandhar.
Counsel for the petitioner contends that the petitioner, who is a Numberdar, is an attesting witness to the General Power of Attorney dated 07.04.2008, which is alleged to have been forged. He submits that the beneficiary to the GPA is co-accused, Sunil Kumar, who has been granted interim protection by this Court, vide order dated 02.03.2020 (Annexure P-5) passed in CRM-M-9241-2020.
Notice of motion.
On asking of the Court, Mr. Saurav Khurana, DAG, Punjab accepts notice on behalf of respondent-State.
List on 15.07.2021.
To be heard with CRM-M-9241-2020.
Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. He shall also abide by the conditions as specified under Section 438 (2) Cr.P.C.”
3. Counsel for the petitioner submits that interim bail granted to co-accused, Sunil Kumar has been made absolute by this Court.
4. Learned State counsel, on instructions from ASI Hardayal Singh submits that the petitioner has joined investigation and is no longer required for custodial interrogation. He has further instructions to submit that no other case is pending against the petitioner.
5. In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 01.06.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.
Petition allowed.
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