High Court of Punjab and HaryanaCRM-M/18808/2018allowed

Naveen Kumar v. State Of Punjab

2018-09-06Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.18808 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.18808 of 2018 Decided on: 06.09.2018 Naveen Kumar ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. G.S. Madaan, Advocate for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.30 dated 07.03.2018, registered under Sections 420, 465, 467, 468, 471 and 120-B IPC at Police Station City Jalalabad, District Fazilka. The operative part of the order dated 04.05.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that the FIR has been registered on the ground that the petitioner along with co-accused Jagdish had forged signatures of the complainant on an agreement to sell. It is furthersubmitted that the petitioner and his co-accused Jagdish have filed a suit for possession by way of specific performance of agreement to sell dated 31.03.2016 and the matter is sub judice before the Civil Court. Counsel for the petitioner further submits that the petitioner is ready to join the investigation and give his specimen MOHD YAKUB 2018.09.07 17:14 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.18808 of 2018 signatures/handwriting for attestation of the same with the signatures on the agreement to sell.

Learned counsel for the petitioner has relied upon report of the Forensic Expert (Annexure P-10), vide which an opinion is given that the signatures on the agreement to sell are tallied with the standard signatures of the complainant and the signatures are by the same person. Notice of motion for 06.09.2018...."

Counsel for the petitioner has submitted that the petitioner, in pursuance to the order dated 04.05.2018, has already appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Malook Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 04.05.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 06.09.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.09.07 17:14 I attest to the accuracy and authenticity of this document Chandigarh