BALBIR SINGH Vs. STATE OF PUNJAB & ANR

JUDGEMENT

(1.) As the identical points to grant the concession of anticipatory bail to the petitioners or otherwise are involved, therefore, I propose to decide the above indicated petitions, arising out of the same case/FIR, vide this common order to avoid the repetition of facts.

(2.) The crux of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petitions for pre arrest bail and emanating from the record, is that petitioner Balbir Singh, his brother Balkar Singh and sister-in-law Sukhwinder Kaur (petitioner) and another were owners of the land in question, measuring 26 Kanals 141/2 Marlas. They entered into an agreement dated 6.8.2010 (Annexure R2/1) to sell the pointed land to complainant Jagmohan Singh s/o Joginder Singh (for brevity "the complainant") and other purchasers for a total sum of Rs.47 lacs per acre. An amount of Rs.5 lacs was received by them as earnest money from the purchasers. The last date of execution/registration of sale deeds as per the original agreement to sell was 30.10.2010. Subsequently, it was extended as 30.4.2012. Thereafter, the complainant and other purchasers have made the payment of amount of Rs.1, 04, 50,000/- to the accused in the following manner:-

(3.) Sequelly, according to the complainant, although, the petitioners-accused were required to execute/register the sale deeds of entire land measuring 26 Kanals 14.5 Marlas, but they have only executed the sale deed dated 20.1.2012, pertaining to land measuring 4 Kanals and sale deed dated 28.8.2012 of land measuring 4 Kanals 4 Marlas & 4 Sarsahi. Instead of executing/registering the sale deeds of the entire land in favour of complainant, the petitioners-accused have intentionally alienated the remaining portion of land to some other third person, in order to cheat and defeat the rights of the complainant and other purchasers in the remaining land in question.