HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is 2nd petition for grant of regular bail in FIR No.86 dtd. 22/8/2019 under Ss. 420, 120-B IPC, registered at Police Station Cantt. Ferozepur, District Ferozepur; earlier one was dismissed as withdrawn with liberty to file afresh with better particulars.

(2.) Learned counsel for the petitioner submits that the petitioner is in custody for the last about 06 months; challan stands presented and offences are triable by the Court of Magistrate. It is further submitted that as per allegations in the FIR, registered at the instance of Gurcharan Singh, the petitioner is owner of some agricultural land and has taken Rs.31.00 lacs as earnest money, while executing an agreement to sell dtd. 2/7/2016 and agreement to sell dtd. 10/8/2017 in presence of the witnesses. It is further stated in the FIR that out of Rs.31.00 lacs, Rs.9.00 lacs were transferred by way of RTGS on two occasions and Rs.13.00 lacs were given in cash to father of the petitioner namely Balwinder Singh.

(3.) Learned counsel for the petitioner has argued that as per Axis Bank account statement of the petitioner with joint holder/his father Balwinder Singh, an amount of Rs.9.00 lacs was transferred firstly on 14/9/2017 by Gurcharan Singh and then on 15/9/2017, another amount of Rs.9.00 lacs was transferred. It is further argued that out of this amount, on the same day i.e. 14/9/2017, an amount of Rs.5.50 lacs was transferred to Mallah Trading Company and another amount of Rs.5.00 lacs was transferred to the same company on 15/9/2017, as there was some money dealing between the petitioner, Mallah Trading Company and the complainant and as security, an agreement to sell was executed. It is also submitted that the agreement to sell dtd. 10/8/2017, which is prior in time of transferring the amount on 14/15/9/2017, clearly make out a case that it is not an agreement to sell and rather a security deed. It is further submitted that even the complainant has filed a suit for specific performance of agreement to sell, in which the transfer of land in favour of his wife is under challenge and thus, primarly, it is a civil dispute, as there was money transactions between the parties.