KASHMIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD learned counsel for the respective parties and Mr. Naresh K. Joshi, Advocate (Amicus Curiae).

(2.) THE petitioner Kashmir Singh seeks regular bail in a case registered against him on 12.12.2009 for the offences under Sections 406, 420, 467, 468, 471/120-B IPC.

(3.) THE petitioner-Kashmir Singh seeks bail in the said FIR. It may be noticed that in the inquiry report dated 24.9.2009 of the Deputy Commissioner, Kurukshetra the role of Manjit Singh and Kashmir Singh (petitioner) was considered. They are the initial purchasers of the land from Joginder Singh. In their joint statement recorded in the enquiry, they admitted that they purchased 40 Kanals land from Joginder Singh for a consideration of Rs. 38 Lacs. Manjit Singh kept an amount of Rs. 15 Lacs as security in lieu of the dispute of the land so that the said amount may be adjusted against the maintenance of the girls, that is, the daughters of Joginder Singh. With regard to source of income it was stated that they had arranged the amount from their relatives and friends but had no proof of the loan and bank receipts. It was also admitted by Manjit Singh that most of the action in the said transaction was taken by him and Kashmir Singh (petitioner) was a silent purchaser. It is also submitted that they had knowledge of the Court order while purchasing the land but they had paid Rs. 10 Lacs as advance to Joginder Singh, therefore, they were bound to get the sale registered in their favour. The Deputy Commissioner, Kurukshetra in his report dated 24.9.2009 found Manjit Singh to be prima facie guilty of cheating in collusion with Joginder Singh and the Naib Tehsildar to defeat the legal rights of maintenance of the girls and that he had disobeyed the order of the Court. However, it was noticed that Kashmir Singh (petitioner) did not play a major role in the transaction but this ground, it was observed, was not sufficient to set him free from the conspiracy played by him in collusion with the above persons. They had also paid less stamp duty to the State exchequer for which they were liable. Smt. Vijay Kumari, Smt. Kusum Kansal and Smt. Shalu, it was held, had purchased the land through cheques.