1 ITEM NO.7 COURT NO.14 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).4606-4607/2021
(Arising out of impugned final judgment and order dated 25-01-2021
in CRMM No. 41004/2020 16-02-2021 in CRMM No. 7136/2021 passed by the High Court Of Punjab & Haryana At Chandigarh)
BALWINDER SINGH Petitioner(s)
VERSUS
THE STATE OF PUNJAB & ANR. Respondent(s)
(IA No. 74026/2021 – EXEMPTION FROM FILING AFFIDAVIT; IA No.
74023/2021 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA
No. 74024/2021 – EXEMPTION FROM FILING O.T.)
Date : 12-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Bharat Bhushan, AOR
For Respondent(s) Mr. Avishkar Singhvi, Adv.
Mr. Vivek Kr., Adv.
Mr. Ajay Pal, AOR
UPON hearing the counsel the Court made the following
O R D E R
The petitioner is accused of having committed offence punishable under Section 420 IPC named in the FIR dated 04.10.2020. The allegations based upon which the FIR was lodged that the complainant entered into an agreement to sell the property, and that despite obtaining more than Rs. 5 lakhs for executing that agreement, the petitioner executed a General Power of Attorney in favour of someone else for the same property. The materials on record disclose that the dispute is also the 2 subject matter of civil proceedings and suits for permanent injunction and specific performance are pending.
Given these circumstances, and also taking into account the fact that the petitioner was granted interim protection by this Court since the first date of hearing i.e. 08.07.2021, this Court is of the opinion that he had to be enlarged on bail. The impugned order is set aside. The petitioner is directed to be enlarged on bail subject to such terms as the Trial Court may deem appropriate in the circumstances.
The Special Leave Petitions are allowed.
Pending applications, if any, shall stand disposed of.
(INDU MARWAH) (MATHEW ABRAHAM)
COURT MASTER (SH) COURT MASTER (NSH)