Jagsir Singh and another vs State of Punjab

The petitioners pray for grant of anticipatory bail in FIR No. 61 dated 13.03.2016, registered under Sections 420 and 120-B of the IPC at Police

Station Sadar Ferozepur, District Ferozepur.

The operative part of the order dated 23.04.2018, vide which petitioners have been granted interim bail, is reproduced below:

“Counsel for the petitioners has submitted that as per the allegation in the FIR, the complainant on 16.04.2007 executed a general power of

attorney in favour of Satish Kumar, father of petitioner No.2. It is further alleged that later on, the said GPA was cancelled on 24.02.2009 and despite

that Satish Kumar has sold the property in favour of petitioner No.1 â€" Jagsir Singh and petitioner No.2 was also present there. It is further submitted

that after registration of the FIR, an enquiry was entrusted to the Assistant Inspector General of Police, (Crime) Patiala Zone, Patiala who had given a

report dated 28.07.2015 recommending cancellation of the FIR by giving a finding that there is no document produced by the complainant to show that

he had cancelled the GPA or had given information to Sation Kumar. Counsel for the petitioners has further argued that petitioner No.1 is a bona fide

purchaser and no specific role is attributed to petitioner No.2 except that he was present at the office of Tehsildar at the time of execution of the sale

deed. Notice of motion for 12.07.2018 â€​

Learned counsel for the petitioners submits that petitioners, in pursuance to the order dated 23.04.2018, have already appeared before the

SHO/Investigating Officer and have joined the investigation.

Learned counsel for the State, on instructions from SI Gurdev Singh, has not disputed the factual position and submits that petitioners have joined the

investigation and are no more required for any further investigation.

In view of the above, the petition is allowed and the interim bail granted to petitioners, vide order dated 23.04.2018, is made absolute subject to the

conditions envisaged under Section 438(2) Cr.P.C.