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High Court of Punjab and HaryanaCRM-M/28317/2015allowed

Sanjiv Pandit v. State Of Punjab

2015-08-31Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-28317 of 2015 Date of Decision: August 31, 2015 Sanjiv Pandit

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Sanjay Kaushal, Senior Advocate with Mr.A.P.Setia, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.128 dated 03.07.2015 under Sections 406, 420/34 IPC, registered at Police Station Division No.7, Ludhiana.

Notice of motion.

Ms.Simsi Dhir Malhotra, Deputy Advocate General, Punjab, who is present in the Court, accepts notice on behalf of respondent-State and contests the petition.

Mr.S.S.Behl, Advocate appeared on behalf of the complainant and also contested the petition.

Police record is also available.

The FIR in the present case has been registered on the basis of the application from Paramjit Singh against Partap Singh and VINEET GULATI 2015.09.02 10:20 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-28317 of 2015 -2Sanjiv Pandit (present petitioner). Mainly the allegations are regarding some agreement to sell of a property for a total sale consideration of `4.75 crores and paying of `55 lacs as earnest money. There is also allegation that Punjab Mandi Board has already acquired the said land, which was agreed to be sold to the complainant.

At the time of arguments, learned counsel for the petitioner argued that the land in question has not been acquired by Punjab Mandi Board.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. From the record, I find that all the offences are triable by learned Judicial Magistrate Ist Class. The present petitioner is not required for investigation or interrogation purposes as he is already in judicial custody since 09.07.2015. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case. Keeping in view the facts and circumstances of the case and without discussing the merits of the case in minute details and without expressing any opinion on the merits of the case, the present petition is accepted and the petitioner is ordered to be released on regular bail on furnishing bail bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the Trial Court/Duty Magistrate, Ludhiana.

August 31, 2015 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2015.09.02 10:20 I attest to the accuracy and authenticity of this document Chandigarh