In the High Court for the States of Punjab and Haryana
Date of Decision:-15.11.2022
Monu Pal … Petitioner
State of Punjab … Respondent
CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Anoop Verma, Advocate for the petitioner.
Mr. Siddharth Attri, AAG, Punjab,
assisted by ASI Gurinder Singh.
GURVINDER SINGH GILL, J. (Oral)
- The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.64, dated 16.6.2022, Police Station Bahawala, District Fazilka, Punjab, under Sections 420, 406 and 120-B of Indian Penal Code.
- At the time of issuance of notice of motion, the following order was passed on 22.7.2022:
“The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.64, dated 16.6.2022, Police Station Bahawala, District Fazilka, Punjab,
under Sections 420, 406 and 120-B of Indian Penal Code. The FIR was lodged at the instance of Jatgtar Singh, wherein it is alleged that he knew Sonu, who induced him into buying land and said Sonu alongwith Gurmail Singh showed a piece of land to him on 3.10.2020 and stated that the said land belongs to Navrinder Singh, who had entered into an agreement with Gursewak Singh
for sale of the same and that now the said Gursewak Singh further wanted to sell it of. The complainant, being taken in by the said representation, consented for holding a meeting, which was
arranged and upon seeing the land and discussing the matter with Gursewak Singh and Navrinder Singh, a token amount of Rs.5 lakhs was transferred to the bank account of Monu (brother of
Sonu). It is further alleged that on 5.10.2020 an agreement for sale
of 15 Kanals of land was entered into and the petitioner paid an
amount of Rs.25 lakhs in cash apart from another amount of Rs.8
lakhs by way of cheque and it was agreed that the sale-deed would
be executed by December 2020. The complainant alleged that
subsequently another amount of Rs.7 lakhs was paid and that he
paid a total amount of Rs.52 lakhs. It is alleged that at the time of
executing the agreement to sell, Pritpal Singh and Ranjit Kumar
attested the said agreement, which was Notorized by Rupinder
Learned counsel for the petitioner submits that in the FIR there is
nothing to suggest that the petitioner had held out any
representation to the complainant or had induced him in any
manner and that even if it is assumed that some amount had been
transferred into his bank account, it was at the instance of other coaccused i.e. his brother Sonu and that he had never asked the
complainant to transfer any amount.
Learned counsel for the petitioner further submitted that the
petitioner was neither present at the time when token amount of
Rs.5 lakhs was paid i.e. on 3.10.2020, nor even on the date when
agreement for sale was executed i.e. on 5.10.2020.
Notice of motion for 15.11.2022.
Meanwhile, in the event of arrest, the petitioner be released on
interim bail subject to his furnishing personal bonds and suretybonds to the satisfaction of Arresting/Investigating Officer.
However, the petitioner shall join investigation as and when called
upon to do so and cooperate with the Arresting/Investigating
Officer and shall abide by the conditions as provided under Section
- Learned State counsel, upon instructions from ASI Gurinder Singh, has
informed that although the petitioner has joined investigation but he has not
got the amount of Rs.5 lakhs recovered.
- The contention of the learned State counsel that an amount of Rs.5 lakhs has
not been recovered, cannot be made a ground for disentitling the petitioner to
grant of anticipatory bail inasmuch as the petitioner cannot be forced to get
any such amount recovered as the same would virtually amount to forcing of
admission of guilt. In any case, having regard to the facts and circumstances
of the case and also in view of the reasons recorded in order dated 22.7.2022
and the fact that the petitioner has joined investigation and is not stated to be
involved in any other case, the petition is accepted and the interim directions
issued by this Court vide order dated 22.7.2022 are hereby made absolute,
subject to the condition that the petitioner shall join investigation as and when
called upon to do so and cooperate with the Investigating Officer and shall
also abide by the conditions as provided under Section 438(2) Cr.P.C.
15.11.2022 ( Gurvinder Singh Gill )
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