Kuldeep Singh vs State of Haryana

M.M.S. Bedi, J.—The Petitioner seeks the concession of pre-arrest bail in a case, registered at the instance of Jatinder Singh complainant alleging that the complainant had entered into an agreement of sale with the Petitioner and that the Petitioner after having received earnest money sold part of the land forming subject matter of the agreement of sale to third person .

After hearing learned Counsel for the parties, I am of the opinion that there has admittedly been some money transactions between the complainant Jatinder Singh, Petitioner and others. A suit for specific performance has been filed by the complainant seeking a direction against the Petitioner to execute the sale deed on the basis of agreement of sale. A perusal of the written statement of the Petitioner in a suit for specific performance filed by the complainant, indicates that the Petitioner appears to have admitted his liability to some extent to repay the amount received by him. Even at the time of preliminary hearing, the Petitioner had submitted that he is ready to discharge his liability to the extent of `1.80 lac with interest without prejudice to his rights in the civil proceedings. It will be debatable during trial whether it is solely a case of civil liabilty or a case whether the money has been received by the Petitioner pursuant to an agreement of sale. Without entering into the controversy or the merits of the case, in the interest of justice, the petition is allowed and interim order dated 1.9.2010 is hereby made absolutely and it is ordered that in case of arrest of the Petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that the Petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. The Petitioner will pay a sum of `2 lacs, which would include `1.80 lacs payable by the Petitioner along with an additional sum of ` 20,000/- as interest within a period of one month.

The Petitioner will prepare a bank draft in the name of the complainant Jatinder singh and hand over the same to the investigating officer within one month. It will be open to the investigating officer to hand over the same to the Petitioner without prejudice to the right of the Petitioner. The amount will be adjustable towards any final settlement between the parties. The Petitioner will not leave India without the prior permission of the court. In case of violation of any of the above said conditions, it will be open to the Petitioner or the prosecution to seek cancellation of bail.