BAGICHA SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2014-7-134
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 15,2014

BAGICHA SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Mehinder Singh Sullar, J. - (1.) PETITIONERS -Bagicha Singh son of Balkar and Avtar Singh son of Bhagat Singh, have directed the instant petition for the grant of anticipatory bail, in a case registered against them along with their other co -accused, vide FIR No. 176 dated 27.05.2014, on accusation of having committed the offences punishable under Sections 420, 467, 468 and 471 read with Section 120 -B IPC, by the police of Police Station Civil Lines, Amritsar City.
(2.) NOTICE of the petition was issued to the State. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.
(3.) DURING the course of preliminary hearing, the following order was passed by a Co -ordinate Bench of this Court (Surinder Gupta, J.) on June 16, 2014: - Heard. As per the petitioners, they are owners of land measuring 148 kanals situated in village Sarangara. The FIR was got registered by the complainant with the allegations that in order to purchase their land, he contacted them and they informed him about the agreement of sale of land with Harpal Singh, Hardial Singh of village Kanoke. The complainant entered into an agreement with Avtar Singh son of Dalip Singh resident of village Muhawa, Tehsil Attari, District Amritsar to purchase the land @ Rs. 24.70 lacs per acre and made the payment to him. The petitioners are neither signatory to the agreement between complainant and Avtar Singh son of Dalip Singh nor they have received any money as per that agreement. The petitioners have already made complaint to the police that the agreement purported to have been executed by the petitioners in favour of Bagicha Singh and Avtar Singh son of Bhagat Singh was forged and fabricated. Learned counsel for the complainant has submitted that the complainant entered into agreement with Avtar Singh son of Dalip Singh resident of Muhawa on the representation of petitioners that they have entered in agreement to sell their land with him. A copy of the agreement produced by learned counsel for the complainant, which is taken on record, shows that agreement does not bear the signatures of petitioners. Notice of motion to Advocate General, Punjab for 15.07.2014. In the meanwhile, the petitioners are directed to surrender before the police and join investigation. In the event of their arrest being required, they shall be released on interim bail till the next date, subject to their furnishing bonds to the satisfaction of Arresting Officer. However, they shall abide by the terms and conditions as envisaged under Section 438(2)(i) to (iv) Cr.P.C. failing which they shall loose the benefit of anticipatory bail allowed to them.;


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