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KARAMJIT SINGH
Naresh Kumar – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. allegations underlying fir for anticipatory bail. (Para 1 , 2) |
| 2. nature of dispute: civil vs. criminal. (Para 3 , 4) |
| 3. considerations for anticipatory bail ruling. (Para 5 , 6) |
| 4. breach of contract does not equal criminal intent. (Para 7) |
| 5. grant of anticipatory bail allowed. (Para 8) |
Judgment
Mr. Karamjit Singh, J.
The present petition has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case having FIR No. 18 dated 25.02.2022, registered under Sections 417 and 420 IPC at Police Station Division No.1, Pathankot.
2. As per the allegations recorded in the FIR, the petitioner and his father Harbans Lal entered into an agreement to sell the property in question with complainant Deepak Kumar and in this regard agreement to sell was executed between the parties on 02.07.2019 and the entire sale consideration of Rs.46,00,000/- has been received by the vendors from the complainant. That thereafter Harbans Lal died while the petitioner failed to execute the sale deed in favour of the complainant, who is his real brother and the petitioner also failed to return the sale consideration which was received by him and his father at the time of e
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
The court emphasized the reliance on documentary evidence and the need for trial to determine the fraudulent inducement and offenses.
Not every breach of contract gives rise to criminal prosecution for cheating; fraudulent or dishonest intention must be shown at the beginning of the transaction. The choice to pursue criminal procee....
The main legal point established in the judgment is that allegations, even if true, may constitute a civil liability rather than a criminal offense, and the pendency of a civil suit for specific perf....
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