GOPAL KRISHAN HOODA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AS , identical points for consideration to grant the concession of anticipatory bail or otherwise to the petitioners are involved, therefore, I propose to decide the indicated petitions bearing CRM No. M -24786 of 2013 titled as Gopal Krishan Hooda Versus State of Punjab(for brevity "the 1st case") and CRM No. M -1267 of 2014, titled as Vipan Singla and another Versus State of Punjab(for short "the 2nd case"), arising out of the same FIR/case, by means of this common decision, to avoid the repetition. Tersely, the facts & material, which need a necessary mention for the limited purpose of deciding the core controversy involved in the instant petitions and emanating from the record are that, the plot bearing No. 529, Sector -21, Panchkula, was allotted to the parents of complainant -Ashwani Kumar Bhagat son of Late Sh. Gurbachan Dass Bhagat. After their death, the plot was transferred in his name vide Memo No. 13977 dated 22.09.2003, but the conveyance -deed was not executed in his favour by HUDA. According to the complainant that, in October, 2005, petitioner -Gopal Krishan Hooda, resident of Jagdish Colony, Rohtak, came to his house at Amritsar along with Anil Kumar Bhardwaj, property dealer and asked him to sell the plot. The complainant agreed to sell the plot for a sum of Rs. 1,24,25,000/ -. An agreement to sell was executed in this respect. Consequently, the complainant received a sum of Rs. 15 lacs by way of cheque and cash as earnest money. He completed the formalities of the transfer of the plot and sent the same to the petitioners. The petitioner -Gopal Krishan Hooda was stated to have submitted the transfer proforma in the office of HUDA on 08.11.2005 in the names of other co -accused Vipan Singla and Mohit Singla sons of Satpal Singla.

(2.) LEVELLING a variety of allegations and narrating the sequence of events in detail, in all, the complainant claimed that all the accused have hatched a criminal conspiracy and have illegally transferred his plot in the manner depicted here -in -above. In the background of these allegations, the present criminal case was registered against the petitioners along with their other co -accused, namely, Smt. Yashwati wife of, and Nipan Hooda @ Vipan Hooda(already on bail), son of, Gopal Krishan Hooda, Chander Kanta wife of, and Mohit Singla & Vipan Singla, sons of, Satpal Singla, vide FIR No. 173 dated 20.08.2008 on accusation of having committed the offences punishable under Sections 420, 465, 467, 468, 471, 506 and 120 -B IPC, by the police of Police Station Islamabad, District Amritsar.

(3.) NOTICES of the petitions were issued to the State.