HARJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of two anticipatory bail petitions, namely CRM -M 8474 of 2009 (Harjeet Singh v. State of Punjab) and CRM -M 8465 of 2009 (Babu Singh v. State of Punjab), as both have arisen out of FIR No. 10 dated 07.3.2009, registered under Sections 420/34 IPC, at Police Station, Balianwali, District Bathinda.

(2.) THE aforesaid FIR has been registered on the complaint of Jagannath son of Sadda Ram, resident of Kotli Kalan, Balianwali, Bathinda, in which he has alleged that he and his son Tarsem Chand are the residents of Kotli Kalan and are owners of 41 kanals some marlas of land situated in village Kotli Khurd. Daughter of the complainant is married to Mela Ram of village Balianwali who is also known to Harjeet Singh alias Bhola Petitioner in CRM -M 8474 of 2009. It is alleged that the complainant Jagannath was residing with his daughter at Balianwali for about 5/6 months. During his stay with his daughter, Harjeet Singh (Petitioner in CRM -M 8474 of 2009) and Babu Singh (Petitioner in CRM -M 8465 of 2009) visited him and asked him that they could sell his land at a good price so that he could purchase more land. According to the complainant, he agreed to sell his land @ Rs. 8,50,000/ - per acre. He was given Rs. 50,000/ - towards earnest money as the property was to be purchased by Paramjit Kaur wife of Jagdev and one Pala Singh. It was alleged that on 16.7.2008, both the Petitioners asked him to open a bank account so that the money could be directly transferred to his account. On this, his daughter Nirmala Devi and his son -in -law Mela Ram opened an account in State Bank of Patiala Branch, Balianwali. On 17.7.2008, both the Petitioners deposited Rs. 10,00,000/ - and Rs. 7,50,000/ -. They also promised to pay the remaining amount at the time of registry and asked the complainant to reach Maur Tehsil on 18.7.2008. According to the complainant, the total consideration was Rs. 43,56,000/ -. It is also alleged that before the sale deed could be registered, the complainant asked the Petitioners for the remaining sale consideration. The complainant Jagannath was taken alongwith his son -in -law Tarsem Chand to a car where Paramjit Kaur and Pala Singh were sitting having money in three bags which was shown to them but they were told that the money shall be given to them on reaching the village as they had no arrangement. According to the complainant, the sale deed was registered on the assurance of the purchaser. After reaching the village, they gave another sum of Rs. 9 lacs and a sum of Rs. 8,50,000/ - was deposited in the bank in the name of his daughter. According to the complainant, out of total consideration of Rs. 43,56,000/ -, Rs. 16,56,000/ - is still due which has not been paid by the vendee and when the complainant asked for this amount, both the Petitioners flatly refused.

(3.) IN this Court, both the Petitioners namely Harjeet Singh alias Bhola and Babu Singh have filed their separate bail petitions in which they were granted interim bail on 2.4.2009.