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High Court of Punjab and HaryanaCRM-M/64757/2018allowed

Rajpal Singh v. State Of Punjab

2019-03-25Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.64757 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.64757 of 2018 (O&M) Decided on: 25.03.2019 Rajpal Singh ....Petitioner

Versus

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

Mr. S.S. Grewal, Advocate for the petitioner. Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

Mr. J.S. Dhaliwal, Advocate for the complainant. ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.243 dated 11.12.2018, registered under Section 420 IPC at Police Station Sadar Mansa, District Mansa.

The operative part of the order dated 31.12.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that as per the allegations in the FIR, complainant Manpreet Singh has alleged that an amount of Rs. 4,50, 000/- was given on account of mortgaging the land from 23.12.2013 to 20.11.2016 and thereafter, the time was extended, however, the petitioner has not paid the lease amount and has not vacated the possession.

Learned counsel for the petitioner further submits that in fact it is a civil dispute and the complainants have already filed a suit for specific performance which is pending before the Civil Court at Mansa.

Notice of motion for 25.03.2019...."

MOHD YAKUB 2019.03.25 16:38 I attest to the accuracy and integrity of this document

CRM-M No.64757 of 2018 (O&M) Counsel for the petitioner has submitted that, in pursuance to the order dated 31.12.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State assisted with counsel for the complainant, on instructions from ASI Makhan 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 31.12.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 25.03.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.03.25 16:38 I attest to the accuracy and integrity of this document