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Sanjay Pahwa vs State of Uttarakhand

Uttarakhand High Court · Decided on 24 August 2011 · Citation: (2011) 08 UK CK 0052

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 156(3) · Penal Code, 1860 (IPC) — Section 420, 467, 468, 471
RESULT
Allowed
CASE NUMBER
1st Bail Application No. 588 of 2011

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Judgment

6 paragraphs · 207 words

Prafulla C. Pant, J.—Heard.

2.

Applicant Sanjay Pahwa, who is in jail in connection with Crime No. 133 of 2010 (Criminal Case No. 1483 of 2010), relating to offences punishable u/s 420, 467, 468, 471 I.P.C. Police Station- Kankhal, District Haridwar has sought his release on bail.

3.

It is alleged by the complainant/informant in the application moved u/s 156(3) of Code of Criminal Procedure on which First Information Report, was lodged that the complainant had paid Rs. 2,50,000/- to the applicant towards part payment of consideration for sale of a piece of land situated in Nandpuri Colony, Jwalapur. It is further alleged that neither the applicant sold the land nor returned the sum to the complainant. Learned Counsel for the applicant pleaded that the dispute if at all is of civil nature. The applicant is in jail since, 26th of June, 2011.

4.

In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that applicant deserves bail.

5.

The bail application is allowed.

6.

Let the applicant Sanjay Pahwa, be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Magistrate, concerned.