MANOHAR LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition for pre-arrest bail has been filed by petitioner Manohar Lal, an accused in FIR No.105 dated 10.07.2019 for offences under Sections 419, 420, 467, 468, 471 and 120-B IPC, registered with Police Station City, Gurdaspur, Tehsil and District Gurdaspur.

(2.) Briefly stated facts of the case as per prosecution version are that FIR in this case was got registered by complainant Fuman Singh by submitting a written complaint to SSP, Gurdaspur, wherein he contended that Manohar Lal son of Rashpal Singh, resident of Village Gazikot, Tehsil Dinanagar, District Gurdaspur (present petitioner) has been his close associate/friend since long, rather, their respective ancestors were having cordial relations. Therefore, he had blind faith in Manohar Lal. Manohar Lal used to persuade him to buy/purchase land located at Village Gazikot and showed him land at the spot. He had brought relevant documents. According to the complainant, he asked Manohar Lal to arrange a meeting with owners of the land. Manohar Lal accordingly brought a person to his house stating that he was Diwan Singh owner of the land. The complainant agreed to purchase the land @ Rs.26 lacs per acre and paid Rs.32 lacs as earnest money. The remaining sale consideration was agreed to be paid at the time of registration of sale deed. According to the complainant, having blind faith in Manohar Lal, he asked him to get the agreement to sell scribed. Manohar Lal accordingly did so, handing over that agreement to sell to the complainant and received cash amount from him. The agreement was signed by Manohar Lal as an attesting witness, whereas, the second attesting witness was co-villager Rimpal. Date for registration of sale deed was fixed as 31.03.2017. Similarly, Manohar Lal got executed another agreement to sell by Kanta Devi daughter of Inder Singh, resident of Gazikot, measuring 06K-7M @ Rs.32 lacs per acre against which Rs.20 lacs were paid as earnest money and date for registration of sale deed was fixed as 22.04.2016. Manohar Lal was one of the attesting witnesses. That agreement was also given to the complainant. According to the complainant on the stipulated dates, he requested Manohar Lal to bring the owners for registration of the sale deed but he put up the matter on one pretext or the other. The complainant became suspicious and served legal notice upon the original owner and enquired into the matter. Then, he came to know that Diwan Singh had died since long. The complainant contacted Manohar Lal who ultimately admitted his mistake, stating that he had used the said money for his personal needs and would return the same to him in a short period. He also brought one affidavit duly attested and agreed to return the money with interest. The complainant agreed to accept the cash amount but again Manohar Lal dragged his feet in the matter and rather hurled threats to the complainant that he would commit suicide and the complainant would suffer irreparable damage. Formal FIR No.105 dated 10.07.2019 for offences under Sections 419, 420, 467, 468, 471 and 120-B IPC was , registered with Police Station City, Gurdaspur.

(3.) Apprehending his arrest in this case, the petitioner had approached the Court of Sessions, seeking pre-arrest bail but such petition was dismissed by Addl. Sessions Judge, Gurdaspur, vide order dated 22.07.2019. Thereafter, the petitioner has approached this Court with similar prayer. The request is being resisted by the State counsel as well as by counsel for the complainant.