Full Judgment
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.
Misc.
not M-7165 of 2012(O&M) Date of Decision:
25. 01.2013 Sukhdev Singh ..Petitioner versus State of Punjab ..Respondent with Crl.
Misc.
not M-6047 of 2012(O&M) Jagan Nath ..Petitioner versus State of Punjab ..Respondent CORAM:HON'BLE Mr.JUSTICE VIJENDER SINGH MALIK Present:- Mr.T.S.Sangha, Sr.Advocate with Mr.Davinder Bir Singh, Advocate for the petitioner Sukhdev Singh.
Mr.B.S.Guliani, Advocate for the petitioner Jagan Nath.
Mr.Amit Chaudhry, DAG Punjab.
None for the complainant.
--- VIJENDER SINGH MALIK,J(ORAL) By way of above-mentioned two petitions Sukhdev Singh and Jagan Nath, the petitioners seek pre-arrest bail in a case registered by way of FIR No.169 dated 20.9.2011 at Police Station Sarabha Nagar, Ludhiana, District Ludhiana, for an offence punishable under sections 420, 467, 468, 471 and 120-B IPC.
Crl.
Misc.
not M-7165 of 2012 & =2= Crl.
Misc.
not M-6047 of 2012 Learned senior counsel for the petitioner Sukhdev Singh submits that the petitioner purchased the plot from Satish in the year 1995, which was allotted to him by the Society sometimes earlier.
He further submits that the petitioner has already joined the investigation and has cooperated with the same.
Learned counsel for the petitioner Jagan Nath has, however, read the FIR which makes it apparent that the President and Secretary of the Society were accused of selling the plots fraudulently and cheating the members of the Society.
According to him, the petitioner has no role in the same.
The fact that these were the dumping grounds is denied.
None appears for the complainant despite the fact that on the last date of hearing, the matter was adjourned only on account of non-appearance of anyone on behalf of the complainant.
Learned State counsel, on the other hand, admits that the petitioners have joined the investigation.
According to him, some documents have been recovered and some are yet to be recovered.
He further admits that the petitioners are not the President and Secretary of the Society.
Looking to the fact that the petitioners are not the President and Secretary of the Society and had no material role Crl.
Misc.
not M-7165 of 2012 & =3= Crl.
Misc.
not M-6047 of 2012 to play in the affairs of the Society as also the fact that the petitioners have already joined the investigation and have cooperated with the same, I find the petitioners to be entitled to pre-arrest bail.
Consequently, the petitions are allowed and orders dated 20.3.2012 and 1.5.2012 granting interim anticipatory bail to the petitioners are made absolute.
January 25,2013 (VIJENDER SINGH MALIK ) Jiten JUDGE