AMAR SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Amar Singh and his wife Purnima, the petitioners have sought regular bail in a case registered by way of FIR No. 58 dated 30.05.2012 at Police Station Sadar Kaithal, District Kaithal, for an offence punishable under sections 420, 467, 468, 471 and 120-B IPC.

(2.) Learned counsel for the petitioners has submitted that Ram Phal, brother of the complainant Ranbir Singh purchased land measuring 23 kanal 7 marla from the petitioner Amar Singh, vide registered sale deed dated 05.07.2001 and 14.12.2001. According to him, said Ram Phal has now sold the said land to petitioner no.2 Purnima for a higher sale consideration. According to him, the FIR has been lodged alleging cheating and other such offences on the ground that Ram Phal is mentally disturbed and he could not execute the sale deed and that he was brought to the tehsil office on the pretext of transferring the electric connection in his name and the sale deed was got executed fraudulently. He has further submitted that Ram Phal is not having any mental disturbance. According to him, Ram Phal had purchased some land from Krishan Chand in the name of his wife vide registered sale deed dated 21.05.2010 (Annexure P- 6), which was signed by Ram Phal on behalf of his wife as purchaser.

(3.) According to him, Annexure P-7 is the statement of account of Ram Phal, who has been withdrawing money from the bank himself. He has further submitted that the investigation in the FIR is over and challan has already been submitted in the court. According to him, the petitioners are in custody since 16.06.2012 . He has further submitted that the trial of the case would proceed with the Magistrate of the Ist Class and would take a long time to be over and that no useful purpose would be served in detaining the petitioners in custody any longer.