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2011 Supreme(P&H) 2166

L.N.MITTAL
Ajaib Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioners:Mr. R. K. Arya, Advocate.
For the Respondent: Mr. Shailesh Gupta, DAG, Punjab.

JUDGMENT

Mr. L. N. Mittal, J. (Oral) : Accused Ajaib Singh and his wife Jasbir Kaur have filed this petition for anticipatory bail in case FIR No.75 dated 09.09.2011, under Section 420 read with Section 34 of the Indian Penal Code (in short – IPC), registered at Police Station Kalanaur, District Gurdaspur.

2. I have heard learned counsel for the parties and perused the case file.

3. According to the prosecution version, there was compromise dated 17.05.2009, according to which petitioner no.1 was to give up his claim over half share of land belonging to complainant’s brother Harpinder Singh, regarding which suit of petitioner no.1 had been decreed and in lieu thereof, complainant agreed to mortgage his share of the land in favour of petitioner no.2 and accordingly, mortgaged it vide mortgage deed dated 07.08.2009, but petitioner no.1 has not given up the claim over share of complainant’s brother Harpinder Singh, as per compromise.

4. In so far as petitioner no.2 is concerned, she is not party to the alleged compromise nor she had to give up the claim in the share of complainant’s brother.

5. Learned State counsel, on instructions from SI Prem Kumar, stated that pursuant to interim







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