Criminal Misc.-M No. 23751 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 23751 of 2011 (O&M) Date of Decision: 03.10.2011 Shashi Pal ......Petitioner Versus The State of Punjab .....Respondent CORAM:HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr.Surinder Sharma, Advocate for the petitioner. Mr. K.S. Pannu, Deputy Advocate General, Punjab. RAJESH BINDAL J. Prayer in the present petition is for grant of regular bail to the petitioner, who is an accused in FIR No.238 dated 18.09.2004, registered under Sections 419, 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, Police Station Division No.4 now Police Station Baradari, District Jalandhar. The petitioner is in custody since 26.05.2011. Learned counsel for the petitioner submitted that the co-accused in the FIR, have been acquitted after trial, as the prosecution could not establish that the agreement to sell in question is a forged document. The petitioner could not appear before the trial Court as he had changed his address and no notice was served upon him. He further submitted that civil litigation between the parties to the agreement is still pending. On the other hand, learned counsel for the State submitted that the co- accused, acquitted by the trial Court, were the witnesses to the agreement to sell, but the petitioner is the beneficiary thereof. Heard learned counsel for the parties. Criminal Misc.-M No. 23751 of 2011 (O&M) -2- Perusal of the judgment of the learned Judicial Magistrate acquitting the co-accused shows that the expert witness, who had examined the signatures was not a qualified person, as he had no degree or diploma. The Investigating Officer in the present case did not appear for his cross-examination. The Court below has further noticed that nothing has been proved on record to show that the agreement was ever held to be forged and fabricated document by any Civil Court. Rather civil litigation was pending qua the said agreement. After hearing learned counsel for the parties and considering the submissions made above, in my opinion, the petitioner deserves concession of bail, pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jalandhar. The petition stands disposed of. (RAJESH BINDAL) 03.10.2011 JUDGE Jyoti 1