Punjab-Haryana High Court
Pawan Jha vs State Of Punjab on 23 April, 2024
Author: Mahabir Singh Sindhu
Bench: Mahabir Singh Sindhu
Neutral Citation No:=2024:PHHC:054935
CRM-M-38827-2023 Neutral Citation: 2024:PHHC:054935
205-1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-38827-2023 (O&M)
Date of decision : 23.04.2024
Pawan Jha ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present: Mr. Ravi Rana, Advocate,
for the petitioner.
Ms. Manjot Kaur, AAG, Punjab,
assisted by SI Rajinder.
MAHABIR SINGH SINDHU, J.
Petition under Section 438 of the Code of Criminal
Procedure, 1973 has been filed for grant of pre-arrest bail to the
petitioner in FIR No.129 dated 09.06.2023, under Sections 406 & 420
of the Indian Penal Code, 1860, registered at Police Station Jamalpur,
District Police Commissionerate, Ludhiana.
2. Allegations are that petitioner duped informant-de facto
complainant to the tune of Rs.2,85,000/- for selling a plot.
3. Contends that the Coordinate Bench granted interim bail
to petitioner on 05.09.2023 and in terms thereof, he has already joined
the investigation and his custodial interrogation is not required.
4. Above factual position is duly acknowledged by learned
State Counsel, on instructions from the police officer present in Court
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and further stated that custodial interrogation of the petitioner is not
required at this stage.
5. Heard learned counsel for the parties and perused the
paper-book.
6. It is an admitted position that petitioner was granted
interim bail by the Coordinate Bench on 05.09.2023 and relevant part
of the same is recapitulated as under:-
"Instant petition has been filed under Section 438,
Cr.P.C., for grant of anticipatory bail in:-
FIR No. Dated Police Station Section(s)
129 09.06.2023 Jamalpur, District 406 and 420, IPC.
Police
Commissionerate
Ludhiana.
Counsel for the petitioner submits that Annexure P-
2, appended with the petition, is the true translation of the
Sale Agreement in possession of the petitioner. He submits
that the petitioner is working as an employee of a property
dealer and has been falsely implicated in the FIR. He
submits that the Sale Agreement, Annexure P-2, was
executed between Vijay Singh and the complainant - Raja
Babu, and the Sale Deed was to be registered on
27.09.2018. He submits that there is an unexplained delay
of 5 years in the registration of FIR, Annexure P-1. He has
placed reliance upon judgment of Bombay High Court in
Ishwar Versus State of Maharashtra, 2017 (3) AIR Bom. R
(Crl) 97, judgment of Allahabad High Court in Shiv
Kumar Versus State of U.P., 2012 (13) RCR (Criminal)
930 and a judgment of this Court in CRM-M-54714-2018
titled as Rajwinder Kaur Versus State of Punjab, decided
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on 04.02.2019. Counsel submits that the petitioner, who
has clean antecedents, is ready to join the investigation
and co-operate with the Investigating Agency.
Notice of motion.
On asking of the Court, Mr. A.P.S.Tung, DAG,
Punjab, accepts notice on behalf of the respondent-State.
He is assisted by Mr. Vansh Chawla, Advocate, for the
complainant. By referring to Sale Agreement, Annexure P-
2, State counsel submits that the petitioner has forged the
signature of the alleged seller, Vijay Singh. Counsel
representing the complainant submits that a compromise
was executed between the parties on 14.01.2023 and
petitioner agreed that he will return the amount or execute
the Sale Deed.
Petitioner is directed to appear before the
Investigating Officer on 18.09.2023 at 10.00 A.M. at
Police Station Jamalpur, District Police Commissionerate
Ludhiana, and join the investigation and appear as and
when called by the Investigating Officer. In the event of
arrest, he shall be admitted to interim bail on furnishing
personal and surety bonds to the satisfaction of
Arresting/Investigating Officer. He shall also abide by the
conditions as specified under Section 438 (2) Cr.P.C.
After hearing, this Court is of the view that there is
a possibility of settlement of the dispute and the Court
deems it appropriate to refer the matter to the Mediation
and Conciliation Centre of this Court.
Parties are directed to appear before the Mediation
Centre on 30.10.2023 at 10.00 A.M.
List on 18.12.2023 to await the report of the learned
Mediator."
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7. It is acknowledged by learned State counsel that in
pursuance of above order, petitioner has joined the investigation and his
custodial interrogation is not required at this stage.
8. In view of above, interim order dated 05.09.2023 is made
absolute subject to the conditions as envisaged under Section 438(2)
Cr.P.C.
9. It is also made clear that petitioner shall fully co-operate
with the Investigating Officer as and when called for further
investigation.
10. The above observations may not be construed as an
expression of opinion on merits of the case; rather confined only to
decide the present bail matter.
11. Disposed off accordingly.
12. Pending application(s), if any, shall also stand disposed
off.
23.04.2024 (MAHABIR SINGH SINDHU)
atulsethi JUDGE
Whether speaking / reasoned : Yes No
Whether Reportable : Yes No
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