LAWS(P&H)-2010-9-617

GURINDER SINGH Vs. STATE OF PUNJAB

Decided On September 27, 2010
GURINDER SINGH S/O NAIB SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Having exercised his right of anticipatory bail and lost in the Court of Session, petitioner Gurinder Singh son of Naib Singh, has filed the present petition for anticipatory bail in a case registered against him and his other coaccused, namely, Naib Singh and Nirmal Singh, vide FIR No. 74 dated 14.7.2010 (Annexure P1), on accusation of having committed the offence punishable under Sections 406 and 420 IPC by the police of Police Station Khamanon, District Fatehgarh Sahib, invoking the provisions of Section 438 Cr.P.C.

(2.) Concisely, the prosecution case is that father of the petitioner asked the complainant that he can arrange to send his son Parminder Singh abroad (Italy) through some travel agent in case he makes payment of Rs. 8 lacs in this respect. As the complainant was short of funds, therefore, he agreed to execute the sale deed of one acre of land in his favour. Consequently, the complainant executed the agreement to sell (Annexure P2) and sale deed (Annexure P3) of one acre of land in favour of Manjit Kaur wife of Naib Singh accused.

(3.) Levelling a variety of allegations, in all, according to the prosecution that Naib Singh and his other co-accused Nirmal Singh son of Santokh Singh cheated the complainant. The only allegation against the present petitioner is that he accompanied his father to the house of the complainant. No other overt act or specific role is attributed to the petitioner. On the basis of aforesaid allegations and in the wake of statement of complainant Balbir Singh, the present case was registered against the accused in the manner described here-in-above.