Sarabjit Singh and Gurvinder Singh vs State of Punjab

Ram Chand Gupta, J.—This order will dispose of both the aforementioned petitions filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR No. 221 dated 9.9.2009, under Sections 419/420/465/467/468/471/120B IPC, registered at Police Station Division No. 5, Civil Lines, Ludhiana City.

I have heard learned Counsel for the parties and have gone through the whole record.

The brief allegations against the petitioners-accused are that petitioner-accused, Sarabjit Singh, approached the State Bank of Patiala, Ghumar Mandi, Ludhiana for grant of loan of Rs. 15,00,000/- by creating equitable mortgage in favour of the bank by giving sale deed. Petitioner -accused, Sangeeta Matharoo wife of Sarabjit Singh stood guarantor for the loan. The loan was to be reimbursed in 168 installments and however, when the loanee did not make the installments, the matter was got inquired into by the bank and it was found that the said sale deed was a forged document.

As per the allegation only one installment has been paid by the loanee out of 168 installments. They have cheated the Bank by taking the loan of Rs. 15,00,000/- by mortgaging the forged sale deed in favour of the bank.

Hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioners-accused.

Hence, keeping in view these facts and without expressing any opinion on the merit of the case, the instant applications for anticipatory bail filed by Sarabjit Singh and Gurvinder Singh are, hereby, dismissed being devoid of merit.

Interim orders dated 07.06.2010 and 11.06.2010 already granted in their favour stand vacated.