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2022 Supreme(P&H) 119

ANOOP CHITKARA
Lakhwinder Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Gurpal Singh Sandhu, Advocate,, for the Appellant; Mr. R.S. Khaira, AAG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

27

22.03.2022

Bariwala, District Sri Muktsar Sahib

420, 465, 468, 471 IPC

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 Cr.P.C. seeking anticipatory bail.

2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents.

3. The complainant alleged that despite taking advance of Rs. 10 lakh on one occasion through cheques and some amount in cash, the seller resiled from the agreement to sell and he from the very inception never wanted to sell the property to the complainant.

4. Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

5. Ld. counsel representing the State opposes bail.

REASONING:

6. The case apart from being criminal, the possibility of its being a civil dispute cannot be ruled out. The petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct. Even a prima facie perusal of paragraphs 4 & 5 of the bail petition ne

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