Crl. Misc. No. M- 5970 of 2009
Palwinder Singh v. State of Punjab
Present: Mr. D.S. Sandhu, Advocate for the petitioner.
Mr. P.S. Sidhu, Addl. A.G., Punjab.
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Heard counsel for the parties.
The petitioner seeks pre-arrest bail in a case registered against him for
the offences under Sections 379, 447, 427 and 506 IPC.
The FIR has been registered on the statement of Jaswinder Kaur
complainant who has inter alia alleged that she has bought approximately 7 marlas of
land in Village Khera Dona from Maninder Pal Singh and Satinder pal Singh sons of
Kashmir Singh. She was getting a wall constructed on the plot on 27.1.2009. Then
the ladies from petitioner’s side stopped the mason from constructing the wall. The
Police was called by the complainant. However, the persons from the petitioner side
could not produce any document. When the Police left the place it is alleged that the
petitioner struck his Scorpio vehicle in the newly constructed wall. Besides, five
cement bags, two spades and two halwandas were stolen by the petitioner in his
vehicle. It may be noticed that except for theft of the articles, the other offences are
bailable. The learned Additional Sessions Judge, Kapurthala vide order dated
19.2.2009 (Annexure P4) granted pre-arrest bail to the accused other than the
petitioner.
Learned counsel for the petitioner has submitted that the allegations of
theft that have been attributed to the petitioner are only to make out the non-bailable
offence. Otherwise, the petitioner is willing to even purchase the articles and give it
to the complainant.
Crl. Misc. No. M- 5970 of 2009 [2]
In the circumstances, the Crl. Misc. petition is allowed and in the event
of arrest, the petitioner shall be admitted to interim bail on his furnishing personal
bond and surety to the satisfaction of the arresting/investigation officer. The
petitioner shall however join investigation as and when called and shall abide by the
conditions of Section 438(2) CrPC.
(S.S. SARON)
March 9, 2009 JUDGE
amit