High Court of Punjab and HaryanaCRM-M/39771/2023allowed

Pardeep Kumar v. State Of Punjab

2023-12-12Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:158729 CRM-M-39771-2023 (O&M) Date of decision: December 12th, 2023 Pardeep Kumar .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Prubjyot Singh Sidana, Advocate, Mr. Ravinderjit Kaur, Advocate and Mr. Tarnjot Singh Sidana, Advocates for the petitioner.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Prayer in this petition is for grant of anticipatory bail to the petitioner in case FIR No.120 dated 07.08.2021 under Sections 420, 465, 467, 468, 471 and 120-B of the IPC registered at Police Station Punjab Agriculture University, Ludhiana.

While issuing notice of motion on 24.08.2023, following contentions of learned counsel for the petitioner were recorded:- "Learned counsel for the petitioner inter alia contends that the dispute, if any, between the parties is essentially civil in nature and rather the petitioner is a victim of a fraud which has been committed upon him. He is a bonafide purchaser of the property which he had purchased after paying a sale consideration of `1 lakh and that too after verifying the title of the then seller."

Thereafter, vide order dated 06.09.2023, the petitioner had been granted interim anticipatory bail with direction to join PUNEET SACHDEVA 2023.12.12 18:41 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-39771-2023 (O&M) -2investigation.

Learned counsel for the petitioner submits that in compliance of order dated 06.09.2023, the petitioner has joined investigation and cooperated with the investigating agency. In compliance of order dated 06.09.2023, short reply by way of affidavit of ACP, Ludhiana (West), District Police Commissionerate, Ludhiana, has been filed in Court, which is taken on record subject to just exceptions.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation.

In view of the above, the petition is allowed and interim order dated 06.09.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

December 12th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.12.12 18:41 I attest to the accuracy and integrity of this document.

Chandigarh