High Court of Punjab and HaryanaCRM-M/21440/2020disposed of

Kewal Singh v. State Of Punjab

2020-08-28Mr. Justice Fateh Deep Singh3 pages

!" "#$%$&'(( Kewal Singh

Petitioner State of Punjab

Respondent

' )* +

+ Present :

Mr. Navjot Singh Wahniwal, Advocate for the petitioner.

Mr. J.S.Ghuman, DAG, Punjab.

***

+ ,

* The petitioner(Kewal Singh has filed present petition under Section 438 Cr.P.C for grant of anticipatory bail in case FIR No.55, dated 09.03.2019, under Sections 420, 120(B IPC and Sections 419, 465, 467, 468, 471 IPC added later on, registered at P.S. City, Faridkot, District Faridkot.

The present case was got registered on the complaint of complainant Kartar Kaur alleging that the accused(petitioner Kewal Singh along with three co(accused non applicants entered into a conspiracy and by forging Aadhaar Card sold off property of Surjit Singh and thus caused financial loss to the tune of Rs.67 lakhs.

Learned counsel for the petitioner has contended that the parties have settled their dispute and placed reliance on affidavit (Annexure P(2) of complainant Kartar Kaur to derive home the point that the grievance of the complainant has been redressed.

Learned State counsel though does not displaces the factual position but has opposed the bail on the grounds that the petitioner has not joined the investigation and thus scuttled the same.

Appreciating the submissions, being a case under Sections 420 IPC etc. over a dispute of property regarding which there is claim and counter claim having entered into agreement to sell and that the parties have settled their dispute and in light of the prevalent pandemic Covid(19, without feeling the necessity to further advert to the merits of the case, sending the petitioner behind the bars would be traversity of justice. In view of the aforesaid, the present petition is allowed. In the event of arrest, the petitioner shall be released on interim bail to the satisfaction of arresting/investigating officer till submission of report under section 173 Cr.P.C. (challan). The petitioner shall, however, join the investigation as and when called for and shall also abide by the conditions specified under section 438 (2) Cr.P.C.

Thereafter, on presentation of challan, the petitioner will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. The present petition stands disposed of.

28.08.2020 Manpreet Whether speaking/reasoned Yes/No Whether reportable Yes/No