RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tersely, the facts and material, which need a necessary mention, for the limited purpose of deciding the instant petition for regular bail, filed by the petitioner and emanating from the record, are that Gurdial Singh son of Shiv Charan, was owner and in possession of the land in question, measuring 56 kanals. The complainant had sold about 10 acres of land through petitioner Raj Kumar and had developed close proximity with him. He (petitioner) developed good relations and faith, and was on visiting terms to his (complainant's) house. It was claimed that on the fateful day, the complainant was working in his fields and the petitioner-accused came there along with some documents. He fraudulently obtained signatures of complainant on certain documents on false pretext. Subsequently, the complainant came to know that the pointed documents are forged and fabricated. The petitioner accused has prepared the false agreement to sell and intend to get the mutation of his land sanctioned in his name, on the basis of false documents. The complainant confronted him and came to know that the petitioner has fraudulently executed an agreement to sell his land and wrongly shown the payment of Rs. 56,40,000/- as earnest money. In fact, not even a single penny was paid to him. According to the complainant, he has neither received any amount nor executed any such agreement to sell his land but the petitioner has fraudulently prepared false documents, in order to deprive him from his land. The petitioner threatened him with dire consequences to eliminate the complainant and his family members as well.

(2.) Leveling a variety of allegations and narrating the sequence of events in detail, in all, the complainant claimed that the petitioner and his other co-accused have hatched a criminal conspiracy and cheated him, prepared a forged and fabricated agreement to sell his pointed land. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioner-accused, by virtue of FIR No.109 dated 22.10.2012, on accusation of having committed the offences punishable under Sections 420, 465, 467 and 471 read with Section 120-B IPC, by the police of Police Station City S.B.S. Nagar, in the manner depicted here-in-above.

(3.) Having exercised his right and remained unsuccessful in the court of Additional Sessions Judge, the first application for regular bail bearing CRM-M No.5422 of 2013, filed by the petitioner was dismissed as withdrawn, by this Court, vide order dated 02.04.2013 and second petition for regular bail bearing CRM-M No.14582 of 2013 was dismissed as such as well, by way of order dated 06.05.2013, by this Court.