JASWANT SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by Jaswant Singh and Harmanpreet Singh (actual name Harmanjeet Singh) for regular bail under Section 439 of Code of Criminal Procedure in FIR No. 256 dated 01.10.2009 registered under Sections 419/420/465/467/468/470/120-B IPC at P.S. city Motwali, Faridkot.

(2.) I have heard learned Counsel for the parties and have gone through the whole record.

(3.) Briefly stated, the present case was registered on application dated 01.09.2009 submitted by Jaspal Singh to Senior Superintendent of Police, Faridkot on the basis of inquiry conducted by SP(D), Faridkot. As per allegations, an agreement to sell dated 14.11.2009 for selling the land measuring 47 Kanals 11 Marlas was forged in favour of Jaswant Singh - petitioner No. 1. The real owner was impersonated by somebody else at the instance of Jaswant Singh. The agreement was attested by Gurbachan Singh and Sukhdev Singh and an earnest money of Rs. 34 lacs has been shown to have been paid out of total consideration of Rs. 35,66,250/-. Thereafter on the basis of the said forged agreement to sell, civil suit No. 210 dated 16.08.2007 was filed by Jaswant Singh - petitioner No. 1 against the real owner i.e. the complainant. In the said civil suit false report of Process Server was allegedly obtained and on the basis of said false report, complainant was proceeded exparte and exparte decree was also obtained by Jaswant Singh - petitioner No. 1, who lateron filed execution application and the sale deed was got executed through court and registered in his name. Further allegations are that, as per report of Process Server, petitioner No. 2 - Harmanpreet Singh had taken process server to a person representing that he was complainant - Jaspal Singh, whereas he was somebody else and hence petitioner No. 2 - Harmanpreet Singh connived with Jaswant Singh, petitioner No. 1 and due to this connivance exparte proceedings were initiated and exparte decree was passed against Jaspal Singh - complainant. Hence, it came in the inquiry that both the petitioners in connivance with each other prepared a forged and fabricated agreement to sell and they obtained an exparte decree and got the sale deed of the land belonging to the complainant registered in favour of Jaswant Singh by way of fraud.