LAWS(P&H)-2010-11-458

OM PARKASH Vs. STATE OF PUNJAB

Decided On November 25, 2010
OM PARKASH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 92 dated 7.7.2010, under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code at Police Station Sadar Muktsar District Muktsar.

(2.) Learned Counsel for the Petitioner has submitted that the land in question was purchased by the complainant from the Petitioner vide registered sale deed and mutation No. 28877 was sanctioned in favour of the purchasers. As per jamabandi for the year 2005-2006, khasra No. 2296/1 (0-13) was described as MalkanMakbuja, whereas, khasra No. 2385/1 (1-16) was described as abadiin column No. 8. As per the revenue record, the khasra numbers in dispute were not described as roads. The complainant has already filed a civil suit for the recovery of the amount in question.

(3.) Learned State counsel as well as learned Counsel for the complainant, on the other hand, have opposed the petition on the ground that the land in question formed road and hence could not be sold by the Petitioner. The complainant had been duped of about Rs. 18,00,000/-. Learned State counsel, on instructions from ASI Chander Mohan, has submitted that the Petitioner has joined investigation.