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(2021) Law Today Live Doc. Id. 16415
Decided on: 02.07.2021
Present:
Mr. Ravi Malhotra, Advocate for the petitioner.
Indian Penal Code, 1860 (45 of 1860), Section 420, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Non-execution of sale deed – FIR for cheating – Anticipatory bail – Earlier petition was dismissed as withdrawn -- Allegation that accused after having agreed to sell a piece of land, on receipt of Rs.25,00,000/- did not come forward to execute the sale deed -- Accused is also alleged to have sold some portion of the property, agreed to be sold to the first informant, through various sale deeds -- Civil suit filed by the first informant is stated to be pending – Interim bail was granted with a direction to join Investigaiton -- State submits that petitioner has joined the investigation, however investigating officer insists that the amount is required to be recovered, which is not a part of the job of the investigation agency and therefore, the petitioner is not required for further custodial interrogation – Petition allowed.
(Para 2-4)
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ANIL KSHETARPAL, J. (ORAL) –
1. The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.
2. On 09.04.2021, the following order was passed:-
The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.
This is second application for grant of pre-arrest bail in a criminal case arising out of FIR No.71, dated 06.07.2019, registered under Section 420, 120-B IPC at Police Station Sudhar, District Ludhiana.
The first application i.e. CRM-M-35956-2019 was dismissed as withdrawn on 05.09.2019, with the following order:-
“After arguing for sometime, learned counsel for the petitioners prays for permission to withdraw the present petition.
Ordered accordingly.”
As per the case of the prosecution, the accused after having agreed to sell a piece of land on 18.02.2013, on receipt of Rs.25,00,000/- did not come forward to execute the sale deed. The accused is also alleged to have sold some portion of the property, agreed to be sold to the first informant, through various sale deeds. The civil suit filed by the first informant is stated to be pending.
Notice of motion for 02.07.2021.
On the request of this Court, Mr. Dhruv Dayal, Senior Deputy Advocate General, Punjab, accepts notice on behalf of the State.
In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to furnishing personal bond and surety to the satisfaction of the Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.
3. Sh. VG Jauhar, Sr. DAG, Punjab, on instructions from SI Puran Singh, has informed that the petitioner has joined the investigation. However, he further submits that investigating officer insists that the amount is required to be recovered. He fairly states that this is not a part of the job of the investigation agency and therefore, the petitioner is not required for further custodial interrogation.
4. In view thereof, the petition is allowed and the order dated 09.04.2021 is made absolute.
5. All the pending miscellaneous applications, if any, are also disposed of.
Petition allowed.
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