CHANDER RATRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition is against the order dated 1.2.1996 passed by the Additional Sessions Judge, Ludhiana whereby the order dated 29.12.1995 of the trial Court declining to grant police remand and the order dated 30.12.1995 granting bail to the petitioner were challenged.

(2.) FIR No. 223 dated 14.10.1995 for offences under Sections 406, 419, 468, 471 of the Indian Penal Code was registered in the police station Division No. 5 Ludhiana on a complaint filed by Jagdip Singh Nagra wherein he has alleged that complainant is alleged to have given Rs. 90,000/- to the petitioner for the purchase of 1000 shares on 6.5.1992 and another sum of Rs. 42,300/- on 26.6.1992 for purchase of the share of certain companies. On 26.8.1992, the complainant contacted the petitioner and requested for share certificates to enable him to raise loan against such certificates but the petitioner failed to return the said certificate. Thus, the complainant has levelled allegation of misrepresentation, cheating and fraud.

(3.) Initially, the application for grant of anticipatory bail was declined by the learned Sessions Judge as well as by the Hon'ble High Court. The Hon'ble High Court while rejecting the application of the petitioner for grant of anticipatory bail permitted him to surrender before the concerned Magistrate and to apply for regular bail. It was also directed that such application should be decided by the Magistrate on the said date. In pursuance of the said order passed by the Hon'ble High Court dated the petitioner surrendered before the trial Magistrate on 18.12.1995.