SAMARJEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two petitions bearing Crl. Misc. No. M-23930 of 2009 and Crl. Misc. No. M-21392 of 2009, filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case FIR No. 758 dated 31.12.2008, under Sections 420 and 120-B IPC, registered at Police Station City, Jind, District Jind.

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

(3.) Brief allegations against the present petitioners are that they are mother and son and that son namely Samarjeet-petitioner executed an agreement to sell (Annexure P-1) in favour of complainant and some others for selling the land measuring 8 kanal situated in the revenue estate of Jind as per jamabandi for the year 1999-2000 for a sale consideration of Rs. 17,50,000/-. Samarjit represented himself as owner of the said land and stated that the same was agreed to be purchased from accused No. 3 and 4. Hence, upon the said representation agreement (Annexure P-1) was executed by the complainant and six others with Samarjeet and a sum of Rs. 17,50,000/- was paid in the presence Satish Kumar and Ashok Kumar and however, accused No. 1 neither executed sale deed nor delivered actual physical possession to complainant and rather just after four days of the execution of the said agreement, four kanal of land out of eight kanal was sold by the owners through General Power of Attorney in favour of Ram Kaur-mother of Simranjeet vide sale deed dated 28.2.2006 and that hence fraud has been committed upon complainant and other persons in whose favour agreement to sell was executed, by both the accused in conspiracy with each other.