PAWAN KUMAR KAUSHAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TERSELY , the facts and material, which needs a necessary mention, for the limited purpose of deciding the instant petition for regular bail, is that, petitioner Pawan Kumar Kaushal son of Kashmir Singh and his wife Suman, have started residing as a tenant in the house of complainant Lalita Bhandari. They won over her confidence. They gave false assurance and promised to manage the sale of best plot to her for a sum of Rs.11 lacs. They falsely prepared an agreement dated 25.05.2013, to sell the plot in question, purported to be owned by Pritam Singh son of Gurdial Singh, in favour of the complainant, for a total sum of Rs.10,50,000/ - and fraudulently received Rs.8,00,000/ - as earnest money from her in the presence of the witnesses. The sale deed was to be executed and registered on or before 03.04.2014. It was claimed that, in the month of July 2013, the petitioner and his wife locked the room, left the tenanted premises and did not return thereafter. In the wake of inquiry, it revealed that there was nobody in the name of Pritam Singh son of Gurdial Singh (owner of the indicated plot).

(2.) LEVELLING a variety of allegations and narrating the sequence of events, in detail, the complainant claimed that, the petitioner and his other accused have cheated her, executed a fictitious pointed agreement to sell, fraudulently received and misappropriated an amount of Rs.8,00,000/ - as earnest money of the complainant. In the background of these allegations and in the wake of complaint of complainant Lalita Bhandari, the present case was registered against the petitioner along with his wife Suman and Pritam Singh etc., by virtue of FIR No.154 dated 10.11.2013, on accusation of having committed the offences punishable under Sections 420, 467, 468, and 471 read with Section 120 - B IPC, by the police of Police Station Division No.6, Industrial Area, District Ludhiana, in the manner depicted here -in -above.

(3.) HAVING exercised his right of bail and remained unsuccessful in the court of Additional Sessions Judge, now the petitioner has preferred the instant petition in this Court, for the grant of regular bail in the indicated criminal case, invoking the provisions of Section 439 Cr.P.C.