GURBACHAN SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of two petitions, one filed by Pushpinder Singh (CRM M 11276 of 2016) and the second filed by Gurbachan Singh and another (CRM M 8416 of 2016).

(2.) Counsel for the petitioner Pushpinder Singh has vehemently contended that the petitioner has been falsely implicated in the case and that the allegation against the petitioner constitutes only a civil liability as the complainant and other aggrieved persons have got recorded in their statements u/s 161 Cr.P.C. that the money had been given to the petitioner on loan, that too in the year 2009 and 2010. Counsel has further argued that offence u/s 420 IPC is not made out as none of the alleged victims had been persuaded to part with any money. Their case is that they had voluntarily given loan to the petitioner. It has also been urged by the counsel that neither offence u/s 420 IPC is made out nor prosecution can be launched u/s 406 IPC as the bar of Section 468 Cr.P.C. will not permit the launching of prosecution after a period of three years. He has also argued that a representation has been made by the petitioner to SSP regarding his false implication on the basis of forged documents. He has submitted that in case it is established that the receipts produced by prosecution witnesses ,namely, Resham Singh, Labh Singh, Bharpur Singh, Sham Singh, Satgur Singh, Surjit Kaur, Darshan Singh, Pavittar Singh, Jaspreet Singh, Gurbhej Singh, Manpreet Singh, Ajaib Singh, Khushpreet Singh, Gurpreet Singh, Labh Singh, Gurdev Singh, Joginder Singh, Mohinder Singh and Angrej Singh are found to bear the signatures of petitioner Pushpinder Singh, he would be liable to pay the money to them.

(3.) In view of totality of the above circumstances, the petition bearing CRM M-11276 of 2016 filed by petitioner Pushpinder Singh is dismissed. However, the petition bearing CRM M-8416 of 2016 filed by petitioners Gurbachan Singh and Amandeep Singh is allowed and it is ordered that in case of arrest of the petitioners- Gurbachan Singh and Amandeep Singh, they will be released on bail to the satisfaction of the arresting officer subject to the conditions that they will join investigation as and when required by the police and that they will not tamper with the evidence or hamper the investigation, in any manner.