OM PARKASH JINDAL Vs. STATE OF PUNJAB
LAWS(P&H)-2013-12-40
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 20,2013

OM PARKASH JINDAL Appellant
VERSUS
STATE OF PUNJAB Respondents

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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