The High Court of Punjab and Haryana disposed of a petition for anticipatory bail. Finding the matter to be a civil dispute over the sale of a plot, the court granted interim bail and made the earlier interim order absolute.
Interim order dated October 19, 2007, granting anticipatory bail was made absolute.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. 49358-M of 2007 Date of decision: 7.1.2008
Anup Singh Kundu
.....Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Shilak Ram Hooda, Advocate for the petitioner.
Mr. P.S.Sullar, Deputy Advocate General, Haryana for the respondent.
Mr. Bimal Maini, Advocate for the complainant.
RAJESH BINDAL, J.
This is a petition for anticipatory bail in FIR No. 243 dated 6.9.2007 under Sections 406 and 420 IPC, Police Station City, Gohana.
Learned counsel for the petitioner submits that the case in hand is a civil dispute as what is sought to be alleged by the complainant is that petitioner sold a plot to the complainant, which was not owned by him. Accordingly, he was cheated. He submits that plot in question was purchased by the petitioner from Smt. Kamlesh vide agreement to sell dated March 29, 2005 on payment of full consideration money and on February 10, 2006, an agreement to sell was entered into by the petitioner with the respondent specifically mentioning the fact that plot in question had been purchased by him from Smt. Kamlesh through sale agreement. Accordingly, the complainant was not misled.
This Court while issuing notice of motion on October 19, 2007 had granted interim bail to the petitioner. It is not alleged that petitioner has not joined the investigation.
In view of the above fact, I am satisfied that petitioner is entitled to relief of anticipatory bail. Accordingly, interim order passed on October 19, 2007 is made absolute.
This petition is disposed of accordingly.
(Rajesh Bindal) Judge
January 07, 2008 Pka
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging cheating and criminal breach of trust.
Anup Singh Kundu
State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
