SHASHI PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for grant of regular bail to the petitioner, who is an accused in FIR No.238 dated 18.09.2004, registered under Sections 419, 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, Police Station Division No.4 now Police Station Baradari, District Jalandhar. The petitioner is in custody since 26.05.2011.

(2.) Learned counsel for the petitioner submitted that the co-accused in the FIR, have been acquitted after trial, as the prosecution could not establish that the agreement to sell in question is a forged document. The petitioner could not appear before the trial Court as he had changed his address and no notice was served upon him. He further submitted that civil litigation between the parties to the agreement is still pending.

(3.) On the other hand, learned counsel for the State submitted that the coaccused, acquitted by the trial Court, were the witnesses to the agreement to sell, but the petitioner is the beneficiary thereof.