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Punjab-Haryana High Court

Kewal Krishan Garg And Anr vs State Of Punjab on 16 October, 2015

Author: Inderjit Singh

Bench: Inderjit Singh

                     IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                              Criminal Misc.No.M-30476 of 2015 (O&M)
                                              Date of decision: 16th October, 2015

            Kewal Krishan and another
                                                                             ...Petitioners
                                                     Versus
            State of Punjab
                                                                           ...Respondent

            CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

            Present: Mr. Vikram Singh, Advocate,
                     for the petitioners.

                                Ms. Simsi Dhir Malhotra, DAG, Punjab,
                                for the respondent(s)-State.

                                Mr. Anish Garg, Advocate,
                                for the complainant.

                                       ****

            INDERJIT SINGH, J.

Petitioners have preferred the instant petition under Section 438 Cr.P.C., seeking anticipatory bail in case FIR No.39 dated 22.04.2014, registered at Police Station Derabassi, District SAS Nagar, Mohali, under Sections 406, 420, 465, 467, 468, 471, 120-B IPC.

Notice of motion was issued.

Learned State counsel as well as learned counsel for complainant appeared and contested the instant petition.

I have heard learned counsel for the petitioners, learned State counsel as well as learned counsel for complainant and have gone through the record.

In the FIR, the complainant has stated that he was surprised that his company has passed resolution in favour of Suresh Kumar. As per allegation, Suresh Kumar has executed a sale deed. MAMTA MALHOTRA 2015.10.17 13:00 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc.No.M-30476 of 2015 (O&M) -2- The petitioners are stated to be the purchasers. There is nothing in the FIR that the resolution of the company was forged, though at the time of arguments, learned State counsel as well as learned counsel for complainant contended that resolution is found false. Suresh Kumar has already been granted interim bail by this Court. The petitioners being purchasers and the case, being based on documentary evidence and further they have already joined the investigation, therefore, their custodial interrogation is not required.

Therefore, keeping in view the facts and circumstances of the present case and without discussing the facts of the case in minute details and without expressing any opinion on the merit of the case, the present petition is accepted and the order dated 09.09.2015, passed by this Court, granting interim bail to the petitioners is made absolute.

            16th October, 2015                                   (INDERJIT SINGH)
            mamta                                                    JUDGE




MAMTA MALHOTRA
2015.10.17 13:00
I attest to the accuracy and
authenticity of this document
Chandigarh