LAWS(P&H)-2015-8-426

MAHAVIR SINGH Vs. STATE OF PUNJAB

Decided On August 03, 2015
MAHAVIR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is the second petition under Section 438 of Code of Criminal Procedure, 1973 (here-in-after called the 'Cr.P.C.') for grant of anticipatory bail to petitioner Mahavir Singh in case FIR No.204 dated 27.06.2014 under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (here-in-after called the 'IPC'), registered at Police Station City Sangrur.

(2.) As per the prosecution allegations, the present petitioner alleging himself to be the general power of attorney of Maharaja Satbir Singh, executed an agreement to sell dated 21.02.2012 for the sale of the land measuring 64 Kanal 12 Marla situated in Sangrur in favour of complainant Vikas Garg belonging to said Maharaja Satbir Singh and received a sum of Rs.8,55,000/- as earnest money. In fact later on it was revealed that Maharaja Satbir Singh had never executed any power of attorney in favour of the petitioner.

(3.) Learned counsel for the petitioner contended that after the dismissal of the first application of the petitioner for grant of anticipatory bail by this court vide order dated 10.04.2015, new grounds have accrued to the petitioner. He contended that the alleged agreement is on the plain paper, which carries no legal sanctity. In fact the said agreement does not bear the signatures of the petitioner, which is evident to the bare eyes when the same are compared with the signatures of the petitioner on the other documents. He further contended that an application was moved by the petitioner to the Superintendent of Police, Sangrur and inquiry on the basis of the said application is pending. The grant of anticipatory bail is very essential in order to join the petitioner in the said inquiry.