K S BHARDWAJ Vs. STATE

JUDGEMENT

(1.) This is an application by the petitioners for release on bailin anticipation of their arrest.

(2.) Learned Counsel for the petitioners Mr. Rajan Sharma has contended thatthe petitioners are innocent persons. They have been falsely implicated in thepresent case. There is absolutely no evidence against the petitioners. The petitionerswere tenants in the disputed property under one Gurbax Kaur since April, 1979. Sheentered into an agreement to sell the said property to the petitioners on 2/11/1993 for a consideration of Rs. 9,60,000.00. The petitioners paid to her Rs.50,000.00 by way of earnest money. However, before the transaction could go through Smt. Gurbax Kaur died in January, 1994. S/Shri Gajender Singh andJaswinder Singh are the sons of late Smt. Gurbax Kaur. Shri Gajinder Singh enteredinto an agreement to sell the said property with the petitioners on 15/02/1996in respect of his half share. The petitioners paid to him Rs. 4,35,000.00 through acheque and Rs. 20,000.00 in cash. Mutation has already been effected in the name ofthe petitioners.

(3.) Jaswinder Singh also entered into an agreement to sell the other half of thedisputed property on 18/10/1996. Rs. 1,55,000.00 were paid in cash and Rs.3,00,000.00 were paid through a demand draft. Thus a total sum of Rs. 9,60,000.00 hasbeen paid to them.