HARBHAJAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of CRM-M-21130 of 2017 titled as (Harbhjan Kaur v. State of Punjab), CRM-M-21596 of 2017 titled as (Gurpinder Singh v. State of Punjab) and CRM-M-22345 of 2017 titled as (Amrik Singh v. State of Punjab), as all these three connected petitions are arising out of case FIR No.77 dated 03.05.2017 under Sections 406, 420 and 120-B IPC registered at Police Station Phase-1 Mohali District Mohali and the prayer is for grant of concession of pre-arrest bail to the petitioners.

(2.) Briefly stated, it may be noticed that FIR in question was registered on the statement made by the complainant-Manjit Singh son of Inder Singh. It was alleged that a agreement to sell dated 14.12.2015 was entered into with the petitioners herein in respect of a built up residential premises admeasuring 482.5 square yards. The total sale consideration amount was fixed as Rs. 1,30,00,000/-. The total amount of Rs. 89,00,000/- is stated to have been paid by the complainant party to the accused party/petitioners herein towards earnest money.

(3.) Precise allegation is that there was an intent to cheat from the very inception, as there was a loan on the property sanctioned by the State Bank of India, Branch Phase-7 Mohali, as also a bank limit of Rs. 1,45,00,000/- regarding which the purchaser party/complainant was kept in the dark. As per condition No.4 contained in the agreement to sell, it had been recited to the contrary that the property was free from all encumbrances. Yet another allegation is that the accused/petitioners herein in connection with Patwari concerned had shown to the complainant a farad in which there was no mention of the bank limit of Rs. 1, 45,00,000/- on the property in question.