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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Nek Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J.(Oral)
1. Relief Sought
The jurisdiction of this Court under Section 482 Bhartiya Nagrik Suraksha Sanhita, 2023, has been invoked seeking the concession for the grant of anticipatory bail to the petitioner in FIR No. 82 dated 28.07.2024 under Sections 419, 420, 465, 467, 468, 471 and 120-B of Indian Penal Code, 1860 registered at Police Station Badhni Kalan, District Moga.
2. The Prosecution story set up in the present case as per the version narrated in the instant FIR reads as under :-
'Complaint for taking legal action against 1 Sukhdev Singh son of Darshan Singh son of Pritam Singh, resident of Village Butter Kalan, District Moga. 2 Chamkaur Singh Patwari now Kanugo, Moga Mehal Singh and others. Sir, it is submitted that the complainant is the resident of Village Butter District Moga. (1) That the land comprised in Khewat No. 318 has been acquired by the Highway Authority and its ownership as per Jamabandi for the year 1966-67 was in the names of Gurdit Singh son of Ralla Singh son of Jita Singh and Hari Singh son of Hira Singh son of Buta Singh, resident of Dhanaula, District Patiala and the cultivation was in the name of Ishar Singh son of Buta Singh
The court denies anticipatory bail based on the allegations of impersonation in a fraudulent land transaction.
Impersonation in obtaining land deeds constitutes forgery under relevant statutes.
(1) Anticipatory bail – Relief of Anticipatory Bail is aimed at safeguarding individual rights – While it serves as a crucial tool to prevent misuse of power of arrest and protects innocent individua....
The court grants anticipatory bail based on the status of co-accused already being granted bail and the nature of allegations.
Anticipatory bail is an extraordinary remedy and should be granted sparingly, especially where serious allegations warrant custodial interrogation for proper investigation.
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