TITLE: Ram Baksh v State of Punjab
CRM-M No. 27293 of 2023
CORAM: Hon’ble Justice Mr. Raj Mohan Singh
INTRODUCTION- The petitioner requests regular bail under Section 439 of the Criminal Procedure Code, which is registered under Sections 420, 465, 468, 471, and 120-B.
FACTS OF THE CASE- According to allegations in the FIR, the patwari and complainant Jasminder Singh claimed that the petitioner visited him in the patwarkhana and gave him photocopies of five sale deeds so that he could enter changes. On the sale deeds, Rajinderpal Kaur Chhenna, an MLA, had both his signature and his stamp. To determine whether the signatures were authentic or not, the complainant went to the MLA’s office. The MLA informed him that neither she nor anyone else ever signed or stamped any photocopies of the sale deed any copy of the sales contract.Upon further investigation, the complainant learned that Maninder Kaur, a staff member in the MLA’s office, had assisted in the petitioner’s use of the MLA’s stamp and signature.
COURT ANALYSIS AND DECISION
The petitioner’s knowledgeable attorney claims that the FIR was filed against the rules established in Arnesh Kumar v. State of Bihar, 2014 (8) SCC 273 and that the FIR was improperly filed.In Satender Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773, it was argued that Section 41-A of the Criminal Procedure Code did not require the accused to receive a notice, which is required when an offence carries a sentence of seven years or less.According to the learned State counsel, on instructions from SI Daljeet Singh, no notice was given to the petitioner under Section 41-A of the Cr.P.C. 6. This is in response to a direct question regarding the petitioner receiving a notice in accordance with the mandate of the cases of Arnesh Kumar and Satender Kumar (supra). The investigating agency is required to follow the directive of Sections 41 and 41-A of the Cr.P.C. in light of the Satender Kumar case (supra). The Hon’ble Apex Court’s instructions in Arnesh Kumar’s case (supra) must be strictly followed.Since the petitioner has not received a notice, I believe it is apposite to grant regular bail to the petitioner based on the authority of the Supreme Court’s rulings in Arnesh Kumar and Satender Kumar(supra).
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Written by- Steffi Desousa