Om Parkash vs State of Punjab

Sabina, J.—This petition has been filed u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 92 dated

7.7.2010, under Sections 420, 465, 467, 468, 471, 120B of the Indian Penal Code at Police Station Sadar Muktsar District Muktsar.

The following order was passed by this Court on 5.10.2010:

Learned State counsel requests for an adjournment.

List again on 25.11.2010.

In the meantime, in the event of arrest, the Petitioner be admitted to interim bail subject to the satisfaction of the Arresting Officer. He shall abide

by the conditions envisaged u/s 438(2) of the Code of Criminal Procedure.

Learned Counsel for the Petitioner has submitted that the land in question was purchased by the complainant from the Petitioner vide registered

sale deed and mutation No. 28877 was sanctioned in favour of the purchasers. As per jamabandi for the year 2005-2006, khasra No. 2296/1 (0-

13) was described as MalkanMakbuja, whereas, khasra No. 2385/1 (1-16) was described as abadiin column No. 8. As per the revenue record,

the khasra numbers in dispute were not described as roads. The complainant has already filed a civil suit for the recovery of the amount in

question.

Learned State counsel as well as learned Counsel for the complainant, on the other hand, have opposed the petition on the ground that the land

in question formed road and hence could not be sold by the Petitioner. The complainant had been duped of about ` 18,00,000/-. Learned State

counsel, on instructions from ASI Chander Mohan, has submitted that the Petitioner has joined investigation.

Keeping in view the fact that the Petitioner has joined investigation and as per the revenue record, khasra numbers in dispute are not described

as road, it would be just and expedient to confirm the interim bail granted by this Court.

Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail dated

5.10.2010 is made absolute.