LAWS(P&H)-2014-7-15

PARSHAN SINGH Vs. STATE OF PUNJAB

Decided On July 01, 2014
Parshan Singh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PRAYER in this petition, filed under Section 438, Cr.P.C., is for grant of anticipatory bail to Parshan Singh, son of Lachhman Singh, resident of Village Bashesharpur, Post Office, Lambra, Tehsil and District Jalandhar, who has been booked for having committed the offence punishable under Section 420, IPC, in FIR No. 144, dated 1.10.2012, registered at Police Station, City, Phagwara, District Kapurthala.

(2.) LEARNED counsel contends that it is the second petition before this Court seeking the same relief; the earlier petition bearing CRM -M -10201 -2014, was withdrawn for the purpose of filing fresh application for grant of anticipatory bail before the learned Additional Sessions Judge, Kapurthala; and that thereafter fresh application for grant of anticipatory bail was presented before the learned Sessions Judge, Kapurthala, which was dismissed vide order dated 15.4.2014 (Annexure P -2). He further contends that Baljit Singh, a similar situate co -accused of the petitioner was granted anticipatory bail by this Court vide order dated 21.11.2012 passed in CRM -M -34020 of 2012. It has also been contended that concededly the amount was paid to Sukhjit Singh, a co -accused of the petitioner, whose petition for grant of anticipatory bail has already been declined by this Court. It has also been contended that even if the whole case of the prosecution is taken at its face value, then also it will reveal that a dispute of civil nature has been given the colour of a criminal case.

(3.) I have heard learned counsel for the parties and with their able assistance gone through the material available on record.