VICTOR MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The two petitions, mentioned as above, have been brought by Victor Masih and Parminder Singh Walia for grant of anticipatory bail under section 438 Cr. P.C. in a case registered by way of FIR No.41 dated 16.8.2011 at Police Station Naya Gaon, District S.A.S. Nagar, for an offence punishable under section 420 read with section 120-B of Indian Penal Code.

(2.) The facts to appreciate the submissions made by the two sides are that one Parsina Singh sold a piece of land measuring 5 kanal 14 marlas being 114/424907 share in land measuring 21245 kanals 7 marlas gair mumkin pahar for a consideration of Rs. 3,93,500/- in favour of Parminder Singh Walia and Manjit Singh Saluja vide sale deed dated 14.12.2010 (Annexure P3). Parminder Singh Walia and Manjeet Singh Saluja entered into an agreement of sale in respect of a piece of land in favour of Victor Masih vide agreement of sale dated 25.2.2011 for a consideration of Rs.2,56,50,000/- out of which a sum of Rs. 86.00 lac was received as earnest money. The agreement in favour of Victor Masih is Annexure P5. Vide agreement of sale (Annexure P6), Victor Masih agreed to sell the property agreed to be sold to him in favour of Harbant Singh Bajwa, the complainant. This time, the property has been agreed to be sold for a consideration of Rs.2,90,70,000/- on 25.2.2011 itself and a sum of Rs. 76.00 lacs was received as earnest money.

(3.) Harbant Singh Bajwa had lodged the report claiming that the land agreed to be sold to him and shown to him by Victor Masih and others had been a plot of some other person, who was in possession thereof and therefore, he has been cheated.