High CourtsSingle Bench

Daljit Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 19 September 2018 · Citation: (2018) 09 P&H CK 0133

HON’BLE JUDGES
Inderjit Singh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 420
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous -M- No. 20311 of 2018
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

15 paragraphs · 284 words

Petitioner Daljit Singh has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.135 dated 21.08.2016, registered at

Police Station Sadar, Ludhiana, Punjab, under Section 420 of Indian Penal Code, 1860.

Notice of motion was issued in this case.

Learned State counsel and counsel for the complainant have appeared and contested this petition.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record.

The allegation against the present petitioner is that earlier Hardev Singh, the real owner, had sold one plot to Didar Singh and the present petitioner

was an attesting witness of that sale deed, which was executed in the year 1995. Then the present petitioner-Daljit Singh being attorney of Hardev

Singh, again sold the same plot to Nachattar Kaur-complainant in the year 2003. Civil litigation has already been decided between the parties. The

case is based on documentary evidence.

In pursuance of the interim order dated 14.05.2018, passed by this Court, the petitioner has already joined the investigation. He is not required for

custodial interrogation. Nothing is to be recovered from him. No useful purpose would be served by sending the petitioner to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any

opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 14.05.2018, granting interim bail to the petitioner,

is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438

(2) Cr.P.C.