JUDGEMENT
NARESH KUMAR SANGHI,J. -
(1.) PRAYER in this application is for placing on record copies of Annexures P -17 to P -19.
Allowed as prayed for.
Copies of Annexures P -17 to P -19 are taken on record.
Prayer in this petition is for grant of regular bail to
petitioner Om Parkash Jindal, who has been booked for having
committed the offences punishable under Sections 120 -B, 420,
465, 467, 468 and 471, IPC, in a case arising out of FIR No.189 dated 28.10.2013, registered at Police Station, Kotwali, Nabha,
District Patiala.
(2.) LEARNED counsel contends that from the contents of the FIR and the other material available on record, it has not
been substantiated that the petitioner had ab -initio intention to
cheat the complainant; that all the offences for which the
petitioner has been booked are triable by the learned Judicial
Magistrate Ist Class; that the petitioner is behind the bars from
29.10.2013; that the custodial interrogation qua him is complete and as such, his further incarceration is not justified; and that in
fact the petitioner is a aggrieved person and he has been made
to part with a huge money for purchase of the property in
question.
Learned counsel for the State, on instructions from ASI Satnam Singh, Police Station, Kotwali, Nabha, District
Patiala, very fairly concedes that all the offences for which the
petitioner has been booked are triable by the learned Judicial
Magistrate Ist Class and the maximum sentence which a
Magistrate Ist Class can award is rigorous imprisonment for three
years. He further concedes that the petitioner is behind the bars
from 29.10.2013 and his further custodial interrogation is not
required in the present case. However, he has opposed the grant
of bail in view of the serious allegations against the petitioner.
(3.) LEARNED Senior counsel assisted by Sh.B.B.S. Randhawa, representing the complainant, has also opposed the
grant of bail to the petitioner.;
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