DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed by the petitioner praying for grant of anticipatory bail in FIR No. 02 dated 20.02.2018 under Sections 409/420/465/467/471/120-B IPC and Section 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988, Police Station Vigilance Bureau, Phase I, Mohali(SAS Nagar).

(2.) In brief, the allegations as contained in the FIR are that the Gram Panchayat of village Jheorheri had got money from the Government on account of acquisition of its land for the expansion of Airport, Chandigarh. That money was lying in the account of Gram Panchayat. Sarpanch of the Gram Panchayat has purchased various parcels of land in the name of Gram Panchayat out of this money. For some of these purchases, Director, Panchayats Punjab had given specific approval. In the same chain of purchases the Sarpanch of Gram Panchayat, Jheorheri also purchased land measuring 6 bighas 14 biswas from the petitioner as well, for a consideration of Rs. 10, 11, 70, 000/- which turns out to be @ Rs.15, 400/- per sq. yard. It is alleged in the complaint that the purchase from the petitioner has been made by the Sarpanch without specific approval from the Director of Panchayats and further that the consideration paid to the petitioner for purchase is exorbitant and much more than the market rate.

(3.) While arguing the case, learned counsel for the petitioner has submitted that the petitioner was absolute owner of the land which is mentioned in the sale to the Gram Panchayat. Sale has been effected through a duly registered sale deed in the name of Gram Panchayat. Whatever consideration petitioner has received; has been duly reflected in the sale deed. It is further contended that while selling the property the petitioner has not made any misrepresentation regarding the nature, character or any incidence of the land. Still further learned counsel submits that as per the letter(Annexure P-4), Naib Tehsildar, Zirakpur himself has verified the market rate of the land in village Sanauli, where the present land is situated, to be approx. Rs. 14000 to 17000 per sq. yard. Therefore, the consideration received by the petitioner is as per the normal rates only. Therefore, there is no illegality involved in the matter, much less any criminality. He has wrongly been hauled up and sought to be involved in the criminal case by the police.