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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KARAMJIT SINGH
Raj Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Karamjit Singh, J.
The present petition has been filed by the petitioner under Section 438 Cr.P.C. for grant of anticipatory bail in case having FIR No.3 dated 08.01.2024 under Sections 420, 465, 467, 468, 471, 120-B IPC, at Police Station Model Town, Ludhiana2. The brief facts of the case are that FIR in this case was registered on the basis of the complaint lodged by Deepak Kathuria wherein he has alleged that property dealer Tarun Taneja, Harvinder Singh Sachdeva, Parminder Singh Sachdeva had shown SCO-105 Phase-1, Urban Estate, Dugri, Ludhiana having area of 331.58 square yards to the complainant and his uncle Anil Jit Singh with proposal that the same is for sale and they also saw papers with regard to said property which were there with the aforesaid accused persons. The accused persons also projected that the said property was owned by Mandeep Singh and then they met said Mandeep Singh who also produced papers with regard to said property which were in his name on the basis of registered sale deed dated 25.05.2017. Mandeep Singh also showed them copies of allotment letter, clearance certificate etc. Even Tarun Taneja, Harvinder Singh, Parminder Singh, Upjit Singh an
The court emphasized that anticipatory bail must balance individual rights against the seriousness of allegations, particularly in cases involving forgery and fraud in land transactions.
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 central legal point established in the judgment is the fraudulent intent of the petitioner in receiving money and the necessity of custodial interrogation for effective investigation.
(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 considered the pending civil suit and the petitioner's cooperation with the investigation in granting anticipatory bail.
Anticipatory bail can be granted in absence of independent evidence supporting a serious charge.
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