Balwant Singh v. State Of Punjab

CRM-M No.4988 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.4988 of 2018 (O&M) Decided on: 13.09.2018 Balwant Singh ....Petitioner

Versus

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

Mr. Raman Goklaney, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.11 dated 19.01.2018, registered under Section 420 of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Mamdot, District Ferozepur.

The operative part of the order dated 15.02.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Counsel for the petitioner submits that out of total 76 kanal 40 marlas of land, the share of the petitioner is 40 kanal 11 marla, out of which, vide two sale deeds, the land sold to the complainant is 02 kanal and 06 kanal & 14 marla i.e. total 08 kanal 14 marla of land. Counsel for the petitioner further submits that even after adjusting this land, which is sold by the petitioner to the complainant, still sufficient land was left out with the petitioner and therefore, even if taking that another 14 MOHD YAKUB 2018.09.13 16:37 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.4988 of 2018 (O&M) marla 11 marlas of land was mortgaged with bank, the petitioner still had the ownership of his share to transfer the land in favour of the complainant by way of sale deed. Learned State counsel submits that the petitioner be directed to join the investigation.

List again on 04.05.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 15.02.2018, the petitioner has already appeared before the Investigating Officer and has joined the investigation. It is further submitted that the petitioner has also rejoined the investigation in terms of the order dated 04.05.2018.

Counsel for the State, on instructions from ASI Sukhdarshan 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 15.02.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 13.09.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.09.13 16:37 I attest to the accuracy and authenticity of this document Chandigarh