SUMER CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE this common order, I intend to dispose of two petitions i.e. CRM No. M -41851 of 2014 filed by Sumer Chand and CRM No. M -43153 of 2014 filed by Hazara Singh, as both the petitions are emanating out of same FIR.

(2.) INSTANT petitions have been filed under Section 438 Cr.P.C. seeking pre -arrest bail to the petitioner(s) in case FIR No. 174 dated November 02, 2014 under Sections 419, 420, 467, 468, 471 and 120 -B IPC registered at Police Station Radaur, District Yamuna Nagar.

(3.) SHORTLY put, allegations against the petitioner, as contained in FIR got registered by Rajender Singh -complainant are that, he intended to purchase some agricultural land in the revenue estate of village Pallewala and in that connection, he approached Sumer Chand @ Dimple, who is running a shop of Barber. Sumer Chand @ Dimple got him introduced with Satish @ Hazara Singh to be a property dealer who disclosed that there is some land for sale owned by his uncles and took him to the land, subject matter of proposed sale. Believing him, he was advised to obtain a copy of jamabandi and other documents pertaining to land proposed to be sold and he did the needful. The cost of the land was finalized @ Rs. 25,60,000/ - per acre. A sum of Rs. 2,00,000/ - was given by him (complainant) to Partap Singh and his son Chandan Singh at their house in the presence of their other family members. Subsequently, on May 15, 2014, an agreement was reduced into writing in respect of land measuring 3 -1/2 acres. At that time, a sum of Rs. 38,00,000/ - was paid as earnest money out of total consideration and date for execution of registration of sale deed stipulated to be April 28, 2015. Subsequently, Satish Singh @ Hazara Singh further raised a demand of Rs. 10,00,000/ - on the pretext that the said amount would be deducted from sale consideration at the time of registration of sale deed. But on September 22, 2014, he went to village Pallewal at the house of Partap Singh but it came to light that it was the house of Karan Singh, his brother. When Partap Singh and his son Chandan were contacted, they disclosed that neither they have executed any agreement of sale nor they received any amount as earnest money. Karan Singh impersonated himself as Partap Singh whereas his son Rahul impersonated himself as Chandan. Similarly, Satish Kumar son of Karan Singh introduced himself as property dealer and other son of Karan Singh, who was also known as Hazara Singh in the village.