Surinder Singh vs State of Punjab - 2023 Supreme(P&H) 726

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 726

AMAN CHAUDHARY
Surinder Singh – Appellant
Versus
State of Punjab – Respondent

Advocates appeared:
Mr. Harsh Chopra, Advocate for the petitioner Mr. Manipal Singh Atwal, DAG, Punjab
Mr. Aditya Sharma, Advocate for the complainant

AMAN CHAUDHARY. J.

1. The present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in FIR No.34 dated 04.04.2023, registered under Section 420 of the Indian Penal Code, 1860 at Police Station Sadar Rupnagar, District Rupnagar.

2. Learned counsel submits that the petitioner had taken Rs.6 lakhs from one Kamaljit Singh on finance basis. However, he got executed power of attorney in his favour and based on which fraudulently sold the land of the petitioner to one Rakesh Kumar vide sale deed dated 27.06.2022. Immediately, upon coming to know of the fraud having been committed upon him, the petitioner filed representations to the police on 12.07.2022 as well as to the Tehsildar and the SSP on 07.07.2022 followed by another representation dated 13.08.2022, Annexure P-5. The petitioner also challenged the same by way of filing a civil suit which is pending. He further submits that he had no intention to cheat the complainant by executing an agreement to sell on 12.11.2021. He further submits that the petitioner is ready and willing to join investigation as and when required by the investigating agency.

3. Learned State counsel assiste