Raghuvir Singh v. State Of Punjab & ORS

CRM-M 11571/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:03/05/2016.

Raghuvir Singh ............Petitioner vs State of Punjab and others .............Respondent CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.AP Kaushal,Advocate for the petitioner.

Jaswant Singh,J(Oral) Complainant by filing the present petition under Section 439(2) Cr.PC is seeking cancellation of anticipatory bail granted on 19.2.2016 to accused Pavitar Singh-respondent no.3 by the learned Additional Sessions Judge,Sangrur.

It is contended that accused respondent no.3 had submitted forged jamabandis with regard to land of the petitioner-complainant for attachment in the pending execution proceedings qua recovery of a decretal amount.

After hearing the learned counsel for the petitioner, no case for cancellation of anticipatory bail is made out. It is nowhere alleged that after the grant of anticipatory bail there has been any misuse of the same.

RAJINDER PRASHAD JOSHI 2016.05.04 11:24 I attest to the accuracy and integrity of this document

CRM-M 11571/2016 It is well settled that parameters for cancellation of bail and grant of bail are entirely different.

It is not disputed that the present petitioner-complainant is JD in a suit for recovery for an amount of Rs.10.30 lacs and the execution proceedings initiated by the DH/accused are pending. The learned trial Court while granting anticipatory bail has noticed that the accused DH had absolutely no reason to furnish revenue record with fake entries for attachment in the execution proceedings and the same are explained to be the mistake of Patwari concerned. Dismissed.

03.05.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.05.04 11:24 I attest to the accuracy and integrity of this document