SUKH RAM YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition under Sec. 439 of Code of Criminal Procedure is for grant of regular bail to the petitioner in case FIR No.118 dtd. 5/5/2021 registered for the offences punishable under Ss. 406, 418, 420 IPC (Sec. 120-B IPC added later on) at Police Station Sarai Khawaja, District Faridabad.

(2.) The allegations in brief are that the petitioner without disclosing the fact that his residential property was lying mortgaged with the bank, entered into an agreement to sell the same with the complainant on 31/7/2007 and took in total ' 85 lakhs on different occasions from the complainant but thereafter, failed to execute the sale deed. Consequently, the complainant filed suit for specific performance of agreement which the petitioner lost up to Hon'ble Supreme Court and when the complainant filed an application for execution of the decree, it was revealed that the property in question was already mortgaged by the petitioner with one bank to secure the loan.

(3.) Counsel for the petitioner submits that the petitioner is aged about 65 years and is suffering from heart problem for which he is taking treatment. He further submits that the petitioner is in custody for the last about one year and it will take considerable time for the trial to conclude. So, prayer is made that the petitioner be released on regular bail.