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High Court of Punjab and HaryanaCRM-M/16205/2024allowed

Lokesh Goel v. State Of Punjab

2024-08-29Mr. Justice Gurvinder Singh Gill4 pages

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-16205-2024 (O&M) Date of Decision:- 29.08.2024 Lokesh Goel ... Petitioner

Versus

State of Punjab ... Respondent (II) CRM-M-17256-2024 (O&M) Surendra Singh and others ... Petitioners

Versus

State of Punjab ... Respondent (III) CRM-M-18195-2024 (O&M) Pardeep Kumar Sharma ... Petitioner

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State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Surjit Singh Sodhi, Advocate, for the petitioner in CRM-M-16205-2024.

CRM-M Nos.16205, 17256 & 18195 of 2024 (O&M) - 2 - Mr. Jitender Singh Dadwal, Advocate, for the petitioners in CRM-M-17256-2024.

Mr. Sumeet S. Brar, Advocate, for the petitioner in CRM-M-18195-2024.

Mr. Siddharth Attri, AAG, Punjab, assisted by SI Sukhwinder Singh.

***** FIR NO.

DATE POLICE STATION OFFENCES 0115 20.03.2024 Division No.7, District Police Commissionerate, Ludhina, District Ludhiana 420, 120-B IPC GURVINDER SINGH GILL , J . (Oral) 1.

This order shall dispose of the above mentioned three petitions wherein petitioners Lokesh Goel, Surender Singh, Bindu Devi, Ajit Kumar Singh and Pardeep Kumar Sharma, seek grant of anticipatory bail in respect of aforementioned FIR.

2.

At the time of issuance of interim bail in CRM-M-16205-2024 the following order was passed on 03.04.2024:

"The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.0115, dated 20.3.2024 at Police Station Division No.7, District Police Commissionerate Ludhiana, under Sections 420, 120-B of Indian Penal Code.

CRM-M Nos.16205, 17256 & 18195 of 2024 (O&M) - 3 - The allegations, in nutshell, are that the complainant has been duped of an amount of Rs.4 lakhs inasmuch as the complainant had entered into an agreement with one Bindu Devi for purchase of property through property dealer i.e. petitioner and one Pardeep Kumar Sharma (another property dealer), but subsequently it transpired that the seller had raised 3 different loans against the property in question. Learned counsel for the petitioner submitted that as a matter of fact the factum of loan having been raised against the property is clearly mentioned in the agreement and is also mentioned in the FIR. It has further been submitted that the petitioner, who had merely rendered professional services as a property dealer, cannot be held responsible in any manner. It has been submitted that the petitioner otherwise has a clean record and, as such, deserves the concession of anticipatory bail.

Notice of motion for 29.8.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C." 3.

Even in CRM-M-17256-2024 and CRM-M-18195-2024 the petitioners have been granted interim bail vide orders dated 08.04.2024 and 10.04.2024 respectively.

4.

Learned State counsel has submitted that all the petitioners have joined investigation and that none of them except Surendra Singh is

CRM-M Nos.16205, 17256 & 18195 of 2024 (O&M) - 4 - required for any custodial interrogation and that from said Surendra Singh an amount of Rs.4 lakhs is to be recovered. 5.

Having regard to the facts and circumstances of the case and the nature of allegations and also the fact that all the petitioners have joined investigation the contention of State counsel that an amount of Rs.4 lakhs is to be recovered from Surendra Singh, cannot be made a ground for declining the petition. The petitions, as such are accepted and the interim directions issued by this Court vide order dated 03.04.2024 in CRM-M-16205-2024, 08.04.2024 in CRM-M-172562024 and 10.04.2024 in CRM-M-18195-2024 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

6.

A photocopy of this order be placed on the file of each connected cases.

29.08.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No