Punjab-Haryana High Court
Dhir Singh And Anr vs State Of Punjab on 13 September, 2018
Author: Inderjit Singh
Bench: Inderjit Singh
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CRM-M-23919-2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-23919-2018
Date of Decision:13.09.2018
Dhir Singh and another
... Petitioners
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr. Anurag Singh Tagra, Advocate,
for the petitioners.
Ms. Monika Jalota, DAG, Punjab.
INDERJIT SINGH, J. (Oral)
Petitioners-Dhir Singh and Rajvinder Singh have filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.253 dated 13.12.2016, registered at Police Station Derabassi, District SAS Nagar, Mohali, under Sections 406 and 420 of the Indian Penal Code.
Notice of motion was issued in this case. Learned State counsel put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record.
From the record, I find that as per the complainant, the main allegations of cheating and fraud are against Manjit Singh. As per the allegations, the present petitioners got executed the registered GPA of the 1 of 2 ::: Downloaded on - 14-10-2018 03:38:11 ::: -2- CRM-M-23919-2018 plot and alongwith it, they gave copy of their respective Wills to the complainant.
In pursuance of the interim order dated 31.05.2018 passed by this Court, the petitioners have already joined the investigation. They are not required for custodial interrogation. The case is mainly based on documentary evidence. Therefore, no useful purpose will be served by sending them to custody.
Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 31.05.2018, granting interim bail to the petitioners, is made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.
13.09.2018 (INDERJIT SINGH)
parveen kumar JUDGE
Note: Whether speaking/reasoned : Yes
Whether reportable : No
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