JAGAN NATH @ RAM SAHARA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking anticipatory bail in FIR No. 35 dated 24.01.2015 registered at Police Station Gharaunda, District Karnal under Sections 406/420/467/468/471/472/506/34/120-B IPC. Notice of motion was issued. Complainant side has also appeared.

(2.) The facts though lengthy need to be narrated. The petitioner had entered into an agreement with the complainant for selling his land measuring 118 kanals 18 marlas for a sum of Rs. 1,18,50,000/-. The property was disputed and a Regular Second Appeal was pending in the High Court. A suit had been instituted by Subhash. Jagan Nath - petitioner had got this property through Will from Chameli. Subhash had challenged the Will and had filed a suit which was dismissed on 31.08.2009. The Will was upheld. Subhash filed an appeal which too was dismissed by the first Appellate Court. A regular second appeal was filed in 2005. The petitioner admits that he had executed an agreement to sell in favour of the complainant. He admits to have received the entire consideration. He also admits that the complainant was put in possession of the property.

(3.) The dispute arose when the complainant approached the Sub Registrar for execution of the sale deed. Jagannath had executed a GPA. Subhash who had filed the RSA had presented himself before the Sub Registrar, the complainant was also there but the petitioner claimed that since there was a status quo in the appeal, therefore, the sale deed could not be executed. Later he cancelled the GPA. The Sub Registrar, Gharaunda vide order dated 22.10.2014 (Annexure P-14) had refused to register the sale deed. An appeal was carried by Sushil being the GPA of Jagan Nath and clarified that there was no injunction qua alienation but the appeal filed under Section 72 of the Registration Act, 1908 was dismissed on 18.02.2015. The GPA by then had been cancelled by the petitioner. The complainant then approached the police and got the FIR registered.