NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of three petitions bearing CRM M -13540, M -14329 and M -16908 of 2014 for grant of pre -arrest bail in a case registered on the statement of Abhimanyu son of Bhupinder Pal Singh alleging that his father Bhupinder Pal Singh had about 20 bighas of land which is situated at two separate places one on the Eesi Manna Road and another at some distance. His father Bhupinder Pal Singh entered into an agreement of sale on October 10, 2013 with Jaidev Singh measuring 0.16 biswas for which Jaidev Singh had received Rs. 9 lacs from the father of the complainant and Rs. 7.80 lacs was to be paid at the time of execution of the sale deed. The date of sale deed was fixed as February 15, 2014 for its registration. His father had told Jaidev Singh that land for which agreement had been made was less but Jaidev Singh told that the vendee will get entire land. On February 17, 2014 Jaidev Singh got transferred 8 biswa 7 biswansi and 3 biswa 13 biswansi of some other land without the consent of father of the complainant, forcibly in the name of his mother Paramjit Pal and received a sum of Rs. 7.80 lacs by giving threats to his father. The said sale deed was not as per the agreement of sale dated October 10, 2013. On this account his father was perturbed and he had gone to the fields situated on Eesi Manna Road and did not return and was found lying down by the side of the Kotha. When the complainant called him, he handed over him a writing on the backside of the agreement which was a suicide note. He was taken to DMC Hospital, where he died during treatment. As per the suicide note, Jaidev Singh had cheated the father of the complainant and got registered other land under threat. Jaidev Singh had entered into a conspiracy with his two sons, Dalip Singh and Surjit Singh, Gurdev Kaur, Manjit Kaur and Jagdev Singh who had harassed his father. Gurdev Singh of Village Eesi had got the deal done and entire payment was made in his presence. Deceased had been duped by all by hatching a conspiracy. Registry should be cancelled and money should be paid back. Patwari Nirmal Singh also used to trouble Bhupinder Pal Singh.

(2.) MR . D.S. Malwai, counsel for petitioners Jaidev Singh and Surjit Singh has contended that the petitioners and their family members had transferred land by registered sale deed in the name of wife of the deceased just to save stamp duty. Bhupinder Pal Singh had committed suicide on the ground that the land was transferred forcibly in the name of his wife. He has also argued that there is no question of forcibly transferring the property because sale deed has been effected before Sub Registrar and Bhupinder Pal Singh never alleged any forcible transfer of the land in favour of his wife as the stamp duty for transfer in case of lady is less. He submitted that if any pressure had been exercised than the attesting witness of sale deed Ranjit Singh, Sarpanch of Village Eesi and Jagdev Singh the other attesting witness and deed writer Pawan Kumar would have also been made accused but said persons having been left out because there is no force used for getting the sale deed made in favour of wife of the deceased. The petitioner Jaidev Singh and his family members have been involved in the case to black mail them.

(3.) SO far as petitioner Nirmal Singh is concerned, he is alleged to have connived with the main accused being Halqa Patwari. Counsel for petitioner Nirmal Singh has submitted that he had merely entered the mutation on the basis of the sale deed in favour of wife of the deceased. Whether sale deed was in consonance with the agreement of sale or not was of no concern to the petitioner. There are vague allegations against petitioner Nirmal Singh.