Single judge rejected bail petition in a criminal case involving illegal transfer of mortgaged land and alleged cheating, dismissing the plea due to lack of funds to discharge liability.
Bail denied; liberty granted to move fresh bail application upon arranging funds to pay the bank.
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Crl. Misc. No. M-15588 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-15588 of 2013 (O&M) Date of decision: 27.05.2013
Padam Singh and another
....Petitioners
Versus
State of Haryana and another
....Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
PARAMJEET SINGH, J. (ORAL)
The instant petition under Section 439 Cr.P.C. has been filed for grant of regular bail to the petitioners in case FIR No.127 dated 23.4.2011 registered under Sections 406/420/467/468/471/120-B IPC at Police Station Civil Lines, Bhiwani, Haryana.
There are serious allegations that petitioners have illegally transferred land measuring 112 kanal 1 marla, which includes land measuring 55 kanal 19 marla mortgaged by Tajender Singh to the bank, in favour of Sombir Phogat Memorial Education & Charitable Trust, Bhaiyapur Ladhot, District Rohtak vide gift deed No.3109 dated 9.7.2010 registered with the office of Sub Registrar, Bhiwani. Huge amount of the State exchequer is involved in this case. Petitioners are
Crl. Misc. No. M-15588 of 2013
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not interested to pay the said amount.
In view of this, no ground for grant of regular bail is made
out at this stage.
Dismissed. However, liberty is granted to the petitioners to move fresh bail application as and when they are in a position to arrange the amount and pay the same to the bank.
(Paramjeet Singh) Judge
May 27, 2013 R.S.
1 issue framed by the court
Whether bail should be granted without the petitioners demonstrating ability to repay the encashed mortgage amount.
1 provisions across 1 enactments
Padam Singh
another
State of Haryana
another
PARAMJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
