BALVIR SINGH @ DALVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The epitome of the facts, which needs a necessary mention for the limited purpose of deciding the instant petition for anticipatory bail and emanating from the record, is that, complainant Daljit Kaur having been deserted by her husband, was residing in her parental village Kotli. Her brother Kuldeep Singh was owner of land measuring 2 acres in village Hariau, Tehsil Patran, Distt.Patiala. He was drugs addict. The prosecution claimed that petitioner Balvir Singh alias Dalvir Singh, taking the benefit of habit of drugs addiction of Kuldeep Singh, misled him and illegally got his land sold to Prabhjot Kaur and Parnit Kaur, for a total sale consideration amount of Rs. 26 lacs. Since Kuldeep Singh was not having any bank account, so, the petitioner got the entire amount of sale consideration in his account with a promise that he will transfer the amount in his (Kuldeep Singh) account. The petitioner and his other co- accused hatched a criminal conspiracy and illegally detained Kuldeep Singh at some unknown place for one month. Petitioner became dishonest and did not return the amount of pointed sale consideration to Kuldeep Singh and misappropriated the same. It was claimed that thereafter the accused had administered some intoxicating drugs, took Kuldeep Singh and killed him projecting it to be a case of accident, in order to usurp the amount.

(2.) Leveling a variety of allegations and narrating the sequence of events, in detail in the FIR in all, according to the complainant that all the accused have hatched a criminal conspiracy, got the land of Kuldeep Singh transferred in the name of Prabhjot Kaur and Parnit Kaur for a total sum of Rs.26 lacs. The petitioner got deposited the amount in his account, hatched a criminal conspiracy, administered drugs, killed Kuldeep Singh terming it to be a case of accident, cheated and misappropriated the indicated amount. The petitioner was stated to have threatened the complainant with dire consequences to kill her entire family in this regard and refused to return the pointed amount. In the background of these allegations and in the wake of complaint of complainant Daljit Kaur d/o late Palwinder Singh and sister of Kuldeep Singh (deceased), the present case was registered against the petitioneraccused, by virtue of FIR No.303 dated 20.11.2012 (Annexure P1), only for the commission of offences punishable under sections 420 and 406 IPC by the police of Police Station Patran, District Patiala in the manner depicted here-in-above.

(3.) Having exercised and lost his right before Additional Sessions Judge, the petitioner preferred the instant petition for anticipatory bail in the indicated criminal case, invoking the provisions of section 438 Cr.PC.