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Raghubir Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 29 November 2017 · Citation: (2017) 11 P&H CK 0044

HON’BLE JUDGES
Anupinder Singh Grewal
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-438>Section 438(2)</a> - Direction for grant of bail to person apprehending arrest · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-120B>Section 120B</a>, <a href=1767-420>Se
RESULT
Disposed
CASE NUMBER
M-39617 of 2017
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Judgment

32 paragraphs · 297 words
1.

The petitioner is seeking anticipatory bail in FIR

No.111 dated 08.05.2015 under Sections 420 / 465 / 467 / 468 / 471 /

120-B IPC, registered at Police Station Shimlapuri, District

Ludhiana.

2.

Learned counsel for the petitioner contends that FIR

has been lodged by Assistant General Manager of the bank

against Mohd. Akbar, who had obtained house building loan for a

sum of Rs. 5,00,000/- by mortgaging his property which was later

on found to be not in his possession. He further contends that the

petitioner, who was manager of the bank, has not been named in

the FIR and has been arraigned as an accused later on, as he was

working as manager at the time of issuance of loan. He further

contends that loan had been sanctioned on the basis of report of

an advocate as well as valuation report of a government

approved valuator. The Municipal Corporation, Ludhiana had also

issued sanction for carrying out the construction in favour of the

borrowers-Mohd. Akbar and Mohd. Afzal.

3.

This Court, by the order dated 27.10.2017, had

directed the petitioner to join investigation and in the event of his

arrest, he was ordered to be released on ad-interim bail to the

satisfaction of Arresting/Investigating Officer, subject to the

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

4.

Learned State counsel, upon instructions from HC

Hardev Singh, states that in pursuance to the order dated

27.10.2017, the petitioner has joined investigation and is not

required for custodial interrogation.

5.

In view of the above and without expressing any

opinion on the merits of case, the order dated 27.10.2017,

granting ad-interim bail to the petitioner, is hereby made

absolute. However, the petitioner shall abide by the conditions

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

The petition stands disposed of accordingly.