LAWS(P&H)-2022-1-129

JOGINDER MIGLANI Vs. STATE OF PUNJAB

Decided On January 06, 2022
Joginder Miglani Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Present application has been filed for placing on record Annexures P-14 to P-16.

(2.) Present petition has been filed under Sec. 439 Cr.P.C for the grant of regular bail to the petitioner in respect of FIR No.83 dtd. 28/3/2017 registered under Ss. 420, 466, 467, 468, 469, 471, 472 and 120-B of the Indian Penal Code, 1860 at Police Station Daba, District Police Commissionerate Ludhiana.

(3.) Learned counsel for the petitioner argues that the petitioner had got FIR registered against the present complainant being FIR No.236 dtd. 1/11/2014 alleging various allegations. During investigation of the said FIR, the Investigating Agency found enough evidence against present complainant to file a challan against him. Learned counsel for the petitioner argues that allegation in the present FIR against the petitioner is that the complainant in the present case, who is accused in FIR No.236 dtd. 1/11/2014, moved an application under Sec. 438 Cr.P.C for the grant of anticipatory bail before the trial Court and during the hearing of the said application, an order purported to have been passed by the Hon'ble Supreme Court of India in SLP (Crl.) No.1313 of 2013 dtd. 13/1/2013 was presented to show that the conduct of the complainant in the present case (who was accused in FIR No.236 dtd. 1/11/2014) was not above the board and an enquiry had been ordered to verify his conduct and keeping in view the said fact, bail petition filed by Sh. Naresh Devgan Sharma (complainant in the present case) was dismissed by the trial Court on 18/11/2014 after which, the complainant approached this Court through CRM-M-40018-2014 for the grant of anticipatory bail, which was also dismissed, keeping in view of the same alleged order of the Hon'ble Supreme Court of India.