(1.) This order shall dispose off the above mentioned two petitions filed on behalf of Daljit Singh and Mahesh Bansal in a case registered vide FIR No. 3 dtd. 17/1/2023 under Ss. 13(1)(a) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and Ss. 409, 420/120-B IPC at Police Station Vigilance Bureau, FS-1, Punjab, District SAS Nagar Mohali. While petitioner Mahesh Bansal seeks grant of regular bail, the petitioner Daljit Singh seeks grant of anticipatory bail.
(2.) The FIR was lodged at the instance of Umesh Goyal wherein he alleged that although Sunehra Singh had entered into an agreement dtd. 29/5/2017 for sale of his plot measuring 500 square yards situated in IT City, Mohali, to the complainant but Sunehra Singh, in connivance with the officials of Greater Mohali Area Development Authority (GMADA) transferred the same in favour of Parminderjit Singh and another by way of issuance of a Letter of Intent (LOI) dtd. 12/3/2018 in their favour, though complainant had already submitted three applications to GMADA voicing his apprehensions.
(3.) The learned counsel representing the petitioner - Mahesh Bansal who was serving as Estate Officer, GMADA has submitted that the plot in question belonging to Sunehra Singh had been transferred in favour of Paraminderjit Singh and another and LOI dtd. 12/3/2018 had been issued in accordance with the rules and that in case the complainant had entered into any agreement with the owner Sunehra Singh, the same ipso facto would not operate as any kind of 'stay' so as to debar GMADA from transferring the property. It has been submitted that although a Civil Suit i.e. Civil Suit No. 299/2019 titled as Umesh Goyal versus Sunehra and others had been instituted by the complainant but no interim injunction had been issued in the same so as to injunct GMADA in any manner.