Kailash Kaur vs State of Punjab

Alok Singh, J.—Present petition is filed seeking anticipatory bail in case FIR No. 213 dated 10.12.2010 under Sections 420, 467, 468, 471, 120B IPC registered at Police Station Sadar Ludhiana, District Ludhiana, Punjab.

This Court vide order dated 05.01.2011 has granted interim bail in favour of the petitioner.

Learned Counsel for the petitioner has stated that in compliance of order dated 05.01.2011, petitioner has participated in the investigation and has already been enlarged on bail by the Arresting Officer.

Learned Counsel for the accused-petitioner has argued that neither the petitioner-accused received any sale consideration from the complainant nor executed any sale deed in favour of the complainant. Learned Counsel has further stated that even as per the contents of the FIR, petitioner neither persuaded the complainant to purchase the property in question nor played any role in the transaction between the complainant and accused No. 1. He has further stated that civil dispute has been given colour of a criminal case. Learned Counsel has further stated that the petitioner-accused has obtained agreement to sell from accused No. 1 i.e. prior in time to the sale deed in question and has further executed the agreement to sell in favour of the complainant which does not amount to fraud, cheating or forgery.

Ms. Bhavna Gupta, DAG Punjab on the instructions of Head Constable Jasdev Singh has stated that petitioner has joined the investigation.

Considering all the facts and circumstances of the case, order dated 05.01.2011 is made absolute. However, petitioner shall abide by the conditions mentioned u/s 438(2) Code of Criminal Procedure.

Petition stands disposed of accordingly.