NIRMALJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner prays for regular bail in a case registered against him on 10.10.2009 for the offences under Sections 420, 467, 468, 471 and 120B IPC.

(3.) The FIR has been registered on the complaint made by Bakhshish Singh. It is alleged by the complainant that Nirmaljit Kaur wife of the petitioner had vide agreement dated 28.3.2006 agreed to mortgage her land as detailed in the FIR in favour of the complainant - Bakhshish Singh. Nirmaljit Kaur received Rs 3.5 lakhs from the complainant. In terms of the agreement, in case Nirmaljit Kaur failed to return the amount, she was to execute the mortgage with respect to the land that had been agreed to be mortgaged on or before 27.3.2008. Nirmaljit Kaur, however, did not execute the mortgage deed regarding the land but she sold it to her husband - Chanchal Singh (petitioner). The petitioner then demanded Rs 2.00 lakhs more for execution of the mortgage deed. On 29.3.2008 Nirmaljit Kaur wife of the petitioner and the petitioner came to the house of the complainant and they agreed to execute the agreement for the land measuring 9 Kanals to be sold @ Rs 8.00 lakhs per acre. They received Rs 2.00 lakhs more and they also executed a receipt of earlier amount of Rs 3.5 lakhs. They also acknowledged the receipt of Rs 30,000/-for the tube well bore and Rs 2.00 lakhs more. In all, an amount of Rs 5.80 lakhs was paid by the complainant to the petitioner and his wife. Thereafter, an agreement of sale dated 29.3.2008 was executed. In terms of the agreement, the sale deed was to be executed on 6.4.2009. However, the petitioner and his wife came to the house of the complainant in December 2008 and demanded Rs 7.00 lakhs more. It was stated by the petitioner and his wife that they were to pay an amount of Rs 7.00 lakhs which they had taken on this land for construction of the house. The complainant did not oblige them. However, they again came to the house of the complainant in January 2009 and demanded Rs 7.00 lakhs to clear the loan. The complainant paid Rs 7.00 lakhs more. After receiving the amount, Nirmaljit Kaur executed a sale deed dated 2.2.2009 in favour of her husband - Chanchal Singh (petitioner) instead of executing the sale deed in favour of the complainant. Chanchal Singh (petitioner) then executed the sale deed in favour of his minor son - Prabhjot Singh.