Balbir Singh Rai vs State of Punjab

Ram Chand Gupta, J.—The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR no. 175

dated 18.10.2012, under Sections 419 /420 /406 /465 /468 /471 /120B IPC, registered at police station Fatehgarh Sahib, District Fatehgarh

Sahib. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned

Additional Sessions Judge, Fatehgarh Sahib dismissing bail application filed by the petitioner.

This Court while issuing notice of motion on 11.07.2013 passed the following order:-

Contends that petitioner is bona fide purchaser for consideration alongwith co-accused and that he has received Rs. 76 lacs as earnest money by

entering the agreement to sell his land and the said money was paid by him to the person who was stated to be Jagdeep Singh as he was produced

by his nephew Inderpal Singh and his wife Suman and his voter card and PAN card were also produced and the said person was also identified as

the real owner by Paramjit Singh, Numberdar of Sirhind and Ravinder Kumar. Hence, it is contended that rather he has also been cheated as real

owner was not personally known to him. It is further submitted that however, now when petitioner has come to know that sale deed was not

executed by real owner, he is ready to get the said sale deed cancelled and ready to give any statement before the Court as civil suit is already

pending.

Notice of motion to Advocate General, Punjab, for 13.8.2013.

However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the

Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr.P.C.

It has been contended by learned counsel for petitioner-accused that he has already joined the investigation pursuant to that order.

It has been contended by learned counsel for respondent-State, on instruction from ASI Balbir Singh, that petitioner is a Property Dealer and

that he is the main accused. It has also been contended that he is the main beneficiary of the transaction and that sale-deed is in his favour. It is also

contended that he has not given any statement before the court for getting the sale-deed cancelled as per the order of this Court.

It has been contended by learned counsel for petitioner-accused that he had paid Rs. 76,00,000/- as earnest money in cash at the time of

execution of sale-deed and the money was paid to the person, who was stated to be Jagdeep Singh as he was produced by his nephew, Inderpal

Singh and his wife, namely, Suman. It is further contended that bail has already been granted to co-accused Gurpreet Singh, who was also one of

the purchasers.

However, petitioner-accused being Property Dealer is the main accused and main beneficiary of this transaction. He was in connivance with co-

accused. The real owner has been cheated. Sale-deed of the property belonging to real owner has been got executed in favour of petitioner and

co-accused. Co-accused, Gurpreet Singh had taken the plea that it was the present petitioner-accused who had approached him and persuaded

him to be one of the purchasers and that the land was purchased by him by making the payment of Rs. 25,00,000/- by way of cheque to the

person who was produced as owner and hence, bail was granted to him by this Court.

Interim relief was granted to present petitioner-accused on his undertaking that he was ready to get the sale-deed cancelled and ready to give

statement before the court in the civil suit, which is already pending. However, he has not complied with the said direction of this Court.

Hence, in view of these facts, petitioner-accused is not entitled for extra-ordinary relief of anticipatory bail.

Without expressing any opinion on the merits of the case, the instant application for anticipatory bail filed by Balbir Singh Rai is, hereby,

dismissed being devoid of merit. Interim order dated 11.07.2013 already granted in his favour stands vacated.