Parveen Singh vs State of Punjab

Rajan Gupta, J.—This is a petition filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the Petitioner vide FIR No. 9 dated 07.01.2011 under Sections 420, 465, 467, 468, 471 and 120-B IPC at Police Station Navi Baradari, Jalandhar.

Learned Counsel for the Petitioner has argued that Petitioner was just an employee of the Society and was abiding by the directions given by it. He submits that he had no role to play in the commission of crime and deserves the concession of pre-arrest bail.

Learned State Counsel has opposed the prayer. He has referred to letter dated 04.05.2006, Annexure P-2 and submits that Petitioner entered into agreement to sell regarding the plot in question with Jaswinder Kaur on a date prior thereto i.e. in May, 2005. He submits that Petitioner himself sold the plot belonging to Gurcharan Singh to Jaswinder Kaur without any authority.

I have heard learned Counsel for the parties.

There are allegations against the Petitioner that he of his own sold the plot belonging to the Society to Jaswinder Kaur in May, 2005. The stand of the Petitioner before this Court that Petitioner acted only pursuant to resolution passed by the Society is untenable.

In view of seriousness of allegations of fraud and forgery levelled against the Petitioner, I am of the considered view that he is not entitled to concession of pre-arrest bail.

The petition is devoid of merit and is hereby dismissed.

However, in case Petitioner surrenders before the trial Court within ten days from today and applies for regular bail, his plea shall be decided within a week thereafter.