Harbans Lal vs State of Punjab

Ram Chand Gupta, J.

Crl. M. No. 39215 of 2013

Requests for placing on record complete translation of FIR including police proceedings as Annexure P7 and copy of petition bearing Crl. M. No. M-22493 of 2013 as Annexure P8. The same are taken on record subject to all just exceptions.

Application stands disposed of accordingly.

Crl. M. No. M-28546 of 2013

The present petition filed u/s 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No. III, dated 7.8.2013, under Sections 420, 120-B IPC, registered at Police Station City Dhuri, District Sangrur.

I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Sangrur, vide which application filed on behalf of the petitioner for anticipatory bail was dismissed.

Brief allegations are that complainant-Darshana Devi is a widow aged about 62 years. She is an illiterate lady having no issue. She used to reside alone in her house. About two yeas before registration of present FIR, she visited Mangla Ashram near her house for performing prayers in connection with holy Ramayan. Complainant used to go to Mangla Ashram for hearing prayers of Holy Ramayan in routine. In the said Ashram, she came in contact with petitioner and co-accused and hence, petitioner and co-accused started visiting the house of the complainant. Hence, by taking advantage of being near to the complainant and by taking advantage of her religious feelings she was taken to Tehsil Office, Dhuri and got executed sale deeds of the house, three shops as well as 9 bighas of land belonging to the complainant without giving her any money. She came to know about this fraud when petitioner and co-accused approached her and raised threat to her that she should vacate the house failing which they would throw her articles in the street and when the tenants also shown their reluctance for paying the rent on the plea that the same were already sold to petitioner and the co-accused. The matter was duly got enquired into by Senior Superintendent of Police by an officer of the rank of DSP and it came during enquiry that no amount was paid to the complainant by the petitioner-accused and the sale deeds were got registered by misrepresenting that lease deeds of the land were to be prepared.

It has been vehemently contended by learned counsel for the petitioner-accused that all the sale deeds are registered one and that he was having requisite source of the said money and however, it is contended that the entire money, i.e., consideration of all the sale deeds amounting to Rs. 64,28,000/- was paid to the complainant in cash. It is further contended that even perusal of enquiry report shows that initially complainant had told the enquiry officer that she was intoxicated by the petitioner and the co-accused and, however, the said plea was found false. It is further contended that the DSP was inimical towards him and that he had also filed a petition u/s 482 Cr.P.C. against the complainant of the case and the DSP on the plea that he was being unnecessarily harassed and it was thereafter that the present FIR was registered.

Be that as it may, there are very serious allegations against petitioner-accused. He got executed different sale deeds of the entire property of the complainant, who is 62 years old widow, i.e., 9 bighas of land, one house and three shops, and the sale deeds of entire property was got executed by the petitioner in his favour and in favour of his other close family members. In reply to the specific query put by this Court, it has been stated by learned counsel for the petitioner-accused that entire amount of Rs. 64,28,000/- was paid to her in cash. Even no amount was paid before the Sub Registrar at the time of execution of various sale deeds. Hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to him. Rather his custodial interrogation is necessary. Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Harbans Lal for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.