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Punjab-Haryana High Court

Baljinder Kumar vs State Of Punjab on 22 January, 2014

Author: K.C. Puri

Bench: K.C. Puri

                      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                     CHANDIGARH


                                          CRM No. M-32087 of 2013 (O&M).
                                          Date of Decision: 22.1.2014.

           Baljinder Kumar                                    .... Petitioner
                                          Versus
           State of Punjab
                                                              .... Respondent

           CORAM:               HON'BLE MR. JUSTICE K.C. PURI

           Present:             Mr. M.K. Singla, Advocate,
                                for the petitioner.

Mr. Arshvinder Singh, Addl. AG, Punjab.

K.C. PURI.J (ORAL) The petitioner is seeking anticipatory bail in case bearing FIR No. 103 dated 27.10.2012 under Sections 420, 465, 467, 468, 471 and 120-B IPC registered at Police Station Mulepur, District Fatehgarh Sahib.

As per allegations of the prosecution, the petitioner was working as Patwari Halqa Chorwala. He increased the share of Gurpreet Singh from 33/857 to 433/857. On the basis of said jamabandi, loan of Rs.7 lacs was taken by Gurpreet Singh.

Learned counsel for the petitioner has submitted that the same share has been mentioned in the Parat Sarkar which is not in possession of the petitioner but is in possession of the tehsil office. The petitioner has joined the office on 23.6.2007.

Learned State counsel has placed on record Parat Sarkar in which also share of Gurpreet Singh has been mentioned as 433/857. So, it is yet to be determined who has made alteration in the record. The record in possession of the tehsil office contains the same entry i.e. 433/857 share of Sanjay Gurpreet Singh.

I attest to the accuracy and integrity of this document Punjab and Haryana High Court

CRM No. M-32087 of 2013 (2) So, in these circumstances, application for grant of anticipatory bail stands accepted. The petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency subject to the following conditions as envisaged under Section 438 (2) Cr.P.C. :-

i) that the petitioner shall make himself available for interrogation before the Investigating Officer as and when required ;

ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

iii) that the petitioner shall not leave the country, without prior permission of the Court and shall surrender his passport, if any.

22.1.2014. (K.C. PURI) SN JUDGE Sanjay 2014.01.22 16:40 I attest to the accuracy and integrity of this document Punjab and Haryana High Court