RAM CHAND GUPTA - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.44 dated 16.4.2012 under Sections 420, 409, 467, 468, 471, 120-B of Indian Penal Code, registered at Police Station Samana, District Patiala. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Patiala dismissing anticipatory bail application filed on behalf of the petitioners.
(2.) THIS Court while issuing notice of motion on 1.5.2012 passed the following order:- "CRM No.25175 of 2012 CRM No.M-12391 of 2012 2 Application is allowed subject to all just exceptions. CRM No.M-12391 of 2012 Contends that earlier complainant was in unauthorised possession of the panchayat land and Nirmal Singh, petitioner no.3, who was earlier Sarpanch, Nahar Singh and Gurmail Singh, who were earlier Panches, had initiated action against him for getting the panchayat land vacated and, hence, he was nursing grudge against them. Further contends that petitioner no.4 is the present Sarpanch and petitioners no.5 to 7 are the present Panches (under suspension). It is further submitted that though land of the panchayat was auctioned for giving on tekha for the year 2011 by petitioners no.4 to 7, as per rules and, however, the said auction was cancelled on 20.6.2011 and the land has been re-auctioned and possession has also been handed over to the persons, who had taken the same in re- auction. It is further submitted that even if it is taken that there is some violation of any instructions in conducting the auction, it cannot be said that any offence has been committed by the petitioners as on account of the said violation, auction had already been cancelled.
(3.) NOTICE of motion to Advocate General, Punjab for 14.5.2012.;