AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer under Section 438 Cr.P.C. is for grant of anticipatory bail in case FIR No. 363 dated 24.10.2009 under Sections 420/120B IPC read with Section 13A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short "the Act"), P.S. Samana, District Patiala.

(2.) The gist of allegations against the petitioner, who is 70 years old, are that he was Sarpanch of village Bathoi Khurd, Tehsil and District Patiala in the year 1994, when his sons and nephews had filed a petition under Section 11 of the Act claiming title to the land belonging to the gram panchayat and the petitioner being Sarpanch did not contest the proceedings properly. Further allegations are that the petitioner, thereafter did not file a proper appeal within time resulting into dismissal of the same on the ground of limitation by the ld. Appellate Court. A writ petition filed by the petitioner on behalf of the gram panchayat was also dismissed as withdrawn with liberty to file afresh. It appears that the gram panchayat at much subsequent stage filed a writ petition challenging the orders passed by the authorities under the Act wherein this Court quashed all the orders and remanded the matter for fresh consideration; and further directed the authorities to initiate criminal cases against the persons, who had committed such a fraud.

(3.) Learned Counsel by referring to P.1 states that the petitioner had before the ld. Collector categorically deposed that the land was owned by the gram panchayat and was used for common purposes and the petitioner had nothing to do with it. In any case, he further submits that the petitioner has joined investigation and as such nothing is to be recovered from him and the case of the prosecution is based on documentary evidence.