The Court granted anticipatory bail to the petitioner in a case involving criminal charges related to a property dispute, noting the dilapidated condition of the house and dismissing allegations of trespass.
Application for anticipatory bail accepted; petitioner to be released on bail upon arrest/surrender subject to conditions of Section 438(2) Cr.PC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Criminal Misc.-M No.22483 of 2012 (O&M) Date of Decision: 9.8.2012.
Mohan Singh
….Petitioner
Versus
State of Punjab
…..Respondent
CORAM: HON’BLE MR. JUSTICE NAWAB SINGH
Present: Ms. Pooja Chopra, Advocate for the petitioner. Mr. Sumil Abrol, AAG, Punjab (assisted by Gurbachan Singh, S.I.) Mr. Vaibhav Sehgal, Advocate for the complainant.
NAWAB SINGH, J. (ORAL)
This is an application for anticipatory bail in case bearing First Information Report No.68 dated June 30, 2012 under Sections 380 and 451 of the Indian Penal Code, Police Station Dehlon, District Ludhiana City. 2. On the statement of Jasvir Singh Khurana-complainant present FIR was registered against the petitioner. It was alleged that Mahant Ram Parkash agreed to sell a house constructed over a plot of 250 Sq. Yards to the complainant vide agreement to sell dated February 20, 1999. The sale deed was to be executed on March 5, 1999. Mahant Ram Parkash did not execute the sale deed. The complainant filed a suit for specific performance of the aforesaid agreement to sell. The suit was decreed on July 27, 2009. Pursuant thereto, the complainant was given possession of the property on March 26, 2011. It was also alleged that the petitioner tresspassed into the said house on April 9, 2011 and took away bed and sofa etc.
-2- Criminal Misc.-M No.22483 of 2012
question of taking away bed and sofa etc. from the said dilapidated house did not arise.
(NAWAB SINGH) JUDGE
9.08.2012
Ishwar
1 issue framed by the court
Whether anticipatory bail was appropriate for the petitioner given the charges of cheating and forgery arising from a property dispute.
1 provisions across 1 enactments
Mohan Singh
State of Punjab
Nawab Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
