LAWS(P&H)-2012-3-408

DEVINDER SINGH Vs. STATE OF PUNJAB

Decided On March 05, 2012
DEVINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Devinder Singh has brought this petition under the provisions of section 438 Cr.P.C. for grant of pre-arrest bail in a case registered by way of FIR No.99 dated 14.7.2011 at Police Station Longowal, District Sangrur for an offence punishable under section 406 of Indian Penal Code.

(2.) It is a case where the petitioner is alleged to have purchased buffalos worth Rs. 17.35 lacs on the guarantee of the complainant, Kuldeep Singh. The complainant has claimed that the petitioner purchased the buffalos without paying their price on the guarantee of the complainant to the owners of his paying the money later on. The petitioner is claimed to be a trader in buffalos.

(3.) Learned counsel for the petitioner has submitted that there is no written agreement of purchase of buffalos by the petitioner. According to him, while giving buffalos worth Rs. 17.35 lacs to the petitioner, no document was got written. He has submitted that the facts, even if taken at their face value, would not attract the provisions of section 405 IPC defining criminal breach of trust.