Jaspal Singh v. State Of Punjab

The status report has already been filed by the learned State counsel, who, relying upon the same, has vehemently opposed the petitioner's prayer for bail. It is submitted that the offence allegedly committed by the petitioner is serious in nature. The learned counsel further contends that the petitioner has been specifically named in the FIR, and that the complainant had reposed trust in him by granting access to his flat for the purpose of renovation. However, the petitioner, taking undue advantage of this trust, and in furtherance of his common intention with the co-accused, facilitated their entry and allowed them to take possession of the said flat. It is further alleged that the household articles lying therein

were removed and damaged. Accordingly, it is argued that the petitioner played a central role in enabling the illegal occupation of the complainant's flat, as well as in the removal and destruction of the articles therein. On these grounds, the learned State counsel has prayed for dismissal of the present petition.

5.

Mr. Vaibhav Sehgal, Advocate has appeared on behalf of the complainant and has filed his power of attorney which is taken on record. He has opposed the prayer of the petitioner by submitting that the petitioner has played an active role in the offence. Hence, he prays that the present petition lacks merit.

The allegations levelled against the petitioner are grave and disclose a prima facie case, wherein the petitioner, having been entrusted with access to the complainant's property for the limited purpose of renovation, is alleged to have misused the same in furtherance of a common intention with the co-accused by facilitating unauthorized occupation of the flat and causing removal and damage to the articles therein.