Punjab-Haryana High Court
Mohan Singh vs State Of Punjab on 20 December, 2012
Author: Sabina
Bench: Sabina
In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-36775 of 2012(O&M)
Date of decision: 20.12.2012
Mohan Singh
......Petitioner
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Paramjit Batta, Advocate,
for the petitioner.
Mr.K.D.S.Sidhu, Addl.A.G.Punjab.
****
SABINA, J.
This petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No. 150 dated 24.10.2012, under Sections 420/120- B/447/511 of the Indian Penal Code, 1860 registered at Police Station Payal District Ludhiana.
While issuing notice of motion, the following order was passed by this Court on 26.11.2012 :-
" Learned counsel for the petitioner has submitted that the petitioner had merely attested the agreement to sell, which was executed by Maninderjit Singh son of Rattan Kaur on the basis of power of attorney executed by Rattan Kaur in his favour. Petitioner Criminal Misc. No.M-36775 of 2012(O&M) -2- had no way of knowing that whether the said power of attorney was genuine or forged. Till date the sale deed had not been executed on the basis of agreement to sell in question.
Notice of motion for 20.12.2012.
In the meantime, in the event of arrest, petitioner be admitted to interim bail subject to the satisfaction of the Arresting Officer. He shall abide by the conditions envisaged under Section 438 (2) of the Code of Criminal Procedure, 1973.
At this stage, Mr.Malkeet Singh appears on behalf of the complainant."
Learned State counsel, on instructions from ASI Amrik Singh, has submitted that the petitioner has joined investigation in terms of the order reproduced above and is not required for further investigation.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail dated 26.11.2012 is made absolute.
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(SABINA) JUDGE December 20, 2012 anita