Gurdeep Singh v. State Of Punjab

CRM-M-12224-2018 --1-- and another connected case

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH DATE OF DECISION:-02.04.2019 1.

CRM-M-12224-2018 GURDEEP SINGH ...PETITIONER...

VERSUS

STATE OF PUNJAB ...RESPONDENT...

2.

CRM-M-13175-2018 DALORA SINGH ...PETITIONER...

VERSUS

STATE OF PUNJAB ..RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Ms. Benti Kaur, Advocate for Mr. Kawaljyot Singh, Advocate, for the petitioner (in both petitions).

Mr. Harpreet Multani, AAG, Punjab.

Mr. Ashwani Prashar, Advocate for the complainant. **** RAMENDRA JAIN, J. (ORAL) Through this judgment, two above titled petitions under Section 438 Cr.P.C. are being disposed of filed by the petitioner(s) for grant of anticipatory bail in case FIR No.19, dated 02.02.2018, under Sections 420, 406, 465, 467, 468, 471 and 120-B IPC, Police Station Shahkot, District Jalandhar Rural.

According to the prosecution, both the petitioners being borrowers of the complainant-bank obtained two loans. However, the SONIKA 2019.04.05 18:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-12224-2018 --2-- and another connected case petitioners without clearing the loan amount stole few clearance certificates and on the basis thereof got redeemed their mortgaged land. The said clearance certificates were forged and fabricated documents. Heard.

Vide order dated 10.07.2018, the Investigating Officer was directed to get compared the signatures of the persons, who allegedly received amount from the petitioners and signed documents (Annexure P-4 colly) with the signatures on the alleged disputed certificates. Pursuant thereto, Investigating Officer got compared the signatures of bank officials with the disputed certificates and found that the same were not signed by any bank officials. Therefore, it is very much clear that the clearance certificates were forged and fabricated by the petitioners and on the basis thereof, got redeemed their mortgaged land from the revenue department.

Considering the seriousness of allegations against the petitioner that they committed cheating and fraud with the complainant-bank and usurped the public money by forging clearance certificates and redeeming their mortgaged land, this Court is not inclined to grant anticipatory bail to both the petitioners.

Accordingly, both the petitions stand dismissed. 02.04.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.04.05 18:39 I attest to the accuracy and authenticity of this document Chandigarh