PRITPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking the cancellation of anticipatory bail granted to respondents No.2 and 3 vide order dtd. 18/10/2024 by the learned Trial Court, who stand accused in case FIR No.120 dtd. 28/9/2024 under Ss. 420, 120-B of the IPC registered at Police Station E-Division, District Amritsar.

(2.) The petitioner (complainant) alleges that the private respondents entered into an agreement to sell a commercial property, accepted and an earnest money deposit of approximately Rs.52.00 lakhs, and thereafter reneged on their commitment, thereby committing fraud and cheating upon the petitioner.

(3.) It has been contended by the learned counsel for the petitioner that vide order dtd. 7/10/2024, the private respondents were granted the concession of interim bail and asked to join investigation within 7 days and cooperate with the investigating agency. The learned Trial Court concerned initially dismissed the anticipatory bail application of the private respondents on 16/10/2024 vide Annexure P-3, due to their alleged failure to comply with the direction to join the investigation. However, the very next day, the private respondents moved a fresh application, upon which the learned Trial Court recalled its previous order and granted them anticipatory bail. Learned counsel for the petitioner argues that such an exercise of jurisdiction by the learned Trial Court is legally impermissible and, therefore, the bail granted to the private respondents ought to be cancelled.