Petitioner sought pre-arrest bail for alleged mortgage of Panchayat land. Court noted the mortgage was redeemed and amount returned to the bank. Bail granted pending investigation.
Petition for pre-arrest bail allowed; interim order confirmed; petitioner to be released on bail subject to joining investigation and not tampering with evidence.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH.
Cr.Misc. M 19382 of 2011 Date of decision: 1.11.2011
BakshishSingh
Petitioner
vs.
State of Punjab
Respondent
Present: Mr. BS Thind, Advocate. Mr. PS Bajwa, DAG, Punjab
M.M.S.BEDI,J.
The petitioner is alleged to have mortgaged Panchayat land for a sum of Rs.8 lacs with the State Bank of Patiala, Ferozepur. During the course of arguments, it transpires that the entire amount has been returned to the bank and the mortgage stands redeemed. No due certificate has also been issued by the bank. The petitioner has already joined the investigation.
In view of the above circumstances, the petition for pre-arrest bail can be allowed.
Accordingly, the petition is allowed and interim order dated 5.7.2011 is hereby confirmed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation.
November 1 ,2011 ( M.M.S.BEDI ) TSM JUDGE
1 issue framed by the court
Whether the petition for pre-arrest bail should be allowed given that the mortgaged amount has been returned to the bank and the mortgage redeemed, despite absence of a due certificate.
Bakshish Singh
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
