IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Miscellaneous No. M-33682 of 2008
Date of Decision: December 23, 2008
Sukhdev Singh
.....PETITIONER(S)
VERSUS
The State of Punjab
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. Ashok Kumar Khunger, Advocate,
for the petitioner.
. . .
AJAI LAMBA, J (Oral)
This petition has been filed under Section
438 Cr.P.C. for grant of anticipatory bail to the
petitioner(s) in case FIR No.29 dated 31.1.2008
lodged for commission of offence punishable under
Section(s) 420, 406, 465, 467, 468, 471, 120-B IPC
with Police Station, City, Abohar, District
Ferozepur.
Leaned counsel contends that there is no
incriminating material against the petitioner so as
to implicate him. The FIR only alleges that
petitioner, Sukhdev Singh, who has been termed as
accused No.3 in the FIR, was doing the work of a
mediator for arranging finance.
I have considered the contention.
Crl. Misc. No. M-33682 of 2008 [2]
Order passed by the Court of Sessions
indicates that during investigation till date it has
come out that the petitioner had forged and
fabricated an agreement to sell a tractor on behalf
of Kanshi Ram to Darshan Singh and Jaswant Singh for
an amount of Rs.2,40,000/- whereas the actual price
was Rs.3,40,000/-.
On perusal of the FIR also, I find that it
was the petitioner who enabled the offence to be
committed. In case, protection under Section 438
Cr.P.C. is allowed to the petitioner, the modus
operandi and the entire sequence of events would not
be unravelled.
No ground for bail to the petitioner is
made out.
The petition is dismissed.
At this stage, a prayer has been made on
behalf of the petitioner by the leaned counsel that
the petitioner would surrender.
In case the petitioner surrenders, after
considering the matter of police remand when an
application for regular bail is filed, the same shall
be disposed of within four working/Court days.
(AJAI LAMBA)
December 23, 2008 JUDGE
avin
