LAWS(P&H)-2015-1-495

BALWINDER KUMAR Vs. STATE OF PUNJAB

Decided On January 19, 2015
BALWINDER KUMAR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PRAYER in this petition is for grant of anticipatory bail to the petitioner, Balwinder Kumar, son of Jaimal Singh, resident of 130, Village Pandori, Post Office, Lamin, Tehsil Mukerian, District Hoshiarpur, who has been booked for having committed the offences punishable under Sections 406 and 420, IPC, in a case arising out of FIR No. 20, dated 23.1.2014, registered at Police Station, Navi Baradari, Jalandhar.

(2.) LEARNED counsel contends that a case of breach of contract has been given the colour of a criminal case; even if the whole case of the prosecution is taken at its face value, then also the essential ingredients of Sections 406 and 420, IPC, are not attracted so far as the petitioner is concerned; and that the petitioner has joined the investigation and cooperated with the investigating agency. It was also pointed out by learned counsel for the petitioner that in spite of efforts made by the petitioner to effect a compromise with the respondent bank, the same could not be materialized.

(3.) LEARNED counsel for the State very fairly states that the petitioner has joined the investigation, but he (petitioner) has failed to get recovered the three vehicles for which the loan was obtained or the petitioner stood as a surety.