GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Gurjit Singh son of Bhag Singh has preferred the instant petition for the grant of anticipatory bail, in a case registered against him along with his other co-accused, vide FIR No.88 dated 31.10.2012 (Annexure P1), for the commission of offences punishable under sections 379 IPC etc. by the police of Police Station, Behram District SBS Nagar, invoking the provisions of section 438 Cr.PC.

(2.) Notice of the petition was issued to the State.

(3.) Concisely, the case of the prosecution is that having obtained the loan of Rs. 9,25,000/- from Kissan Vikas Cooperative Agricultural Bank, complainant Gurmail Singh son of Joginder Singh (for brevity "the complainant") purchased a Combine-Harvester, bearing registration No.PB-32-D-7209 from Kartar Agro Company, Nabha Road, Bhadson, Distt.Patiala. Petitioner Gurjit Singh was allowed to harvest the crops and to make the instalments of loan amount to the bank. He was also asked to return the remaining income of the Combine-Harvester to the complainant. It was claimed that after making payment of two instalments, neither the petitioner made the payment of remaining amount of loan/instalments, nor he returned and misappropriated the income of the Combine-Harvester. The complainant asked him to return it, but in vain. The complainant brought the Combine-Harvester with the help of police and parked the same in the open space of the house of Harbhajan Singh son of Tara Singh. He claimed that on the night intervening 28/29.10.2012 (midnight), the petitioner has again stolen his CombineHarvester with the connivance of his other co-accused. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the accused in the manner depicted here-in-above.