Balkishan Alias Bal Kishan vs State Of Punjab
2023 Latest Caselaw 19047 P&H

RAJ KUMAR
2023.11.03 18:29

2023:PHHC: 139967

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
103
CRM-M No.54906 of 2023
DATE OF DECISION : 37 NOVEMBER, 2023
Balkishan @ Bal Kishan
...- Petitioner
Versus
State of Punjab

.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

RREKRKSE

Present: Mr. Sherry K. Singla, Advocate for the petitioner.

3K OK OK 2
RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under

Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail in case FIR No.0043 dated 14.04.2023 registered under Sections 406, 420 & 120-B IPC at Police Station Nangal, District Rupnagar.

2. The counsel for the petitioner has submitted that the case against the petitioner is totally frivolous and concocted one. Even as per the story of the prosecution; the only allegation against the petitioner is qua non-performance of agreement to sell. The matter is purely a civil dispute. The complainant has also not filed any suit for specific performance qua the agreement to sell. Rather, the complainant has already entered into settlement with the petitioner and has relinquished all his claims under the said agreement. The petitioner shall join the investigation as and when called by the police. Hence, the petitioner deserves to be protected against his arrest in the present case.

3, Notice of motion.

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CRM-M _No.54906 of 2023 2023:PHHC: 139967

4, Mr. Sandeep, Additional Advocate General, Punjab, accepts notice on behalf of the State.

5. The counsel for the State, on instructions from ASI Rakesh

Kumar, has submitted that the petitioner is directly involved in the crime. He has taken the amount of ¥2,00,000/- as earnest money from the complainant while entering into agreement to sell, and subsequently, with a fraudulent intention; he had not come forward to perform the contract and to execute the sale deed.

6. Since the matter is essentially civil in nature and is stated to have been settled between the parties as well, therefore, it would not be unjustified to protect the petitioner against his arrest; while directing him to join the investigation.

7. In view of the above, the present petition is allowed. In the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds/surety to the satisfaction of Arresting/ Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided

under Section 438(2) Cr.P.C.

3 November, 2023 (RAJBIR SEHRAWAT) 'raj' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

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