IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M -19776 of 2010 Date of decision: 18.11.2010 Jaswant Singh …Petitioner Versus State of Punjab …Respondent Present: Mr BS Bhalla, Advocate for the petitioner. Mr MC Beri, Addl AG Punjab. S.S.SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 26.6.2010 for the offence under Sections 420 and 120B IPC. The FIR in the case has been registered on the complaint of Gurjant Singh addressed to the Deputy Commissioner, Moga. It has been alleged by the complainant that he along with other share-holders had purchased 44 Kanals 4 Marlas of land in village Kokri Kalan in pursuance of Vasika 1965-1966 dated 9.6.2004 from Mandeep Kaur. A copy of the jamabandi in respect of the said land was obtainedfrom the Patwari (Jaswant Singh – petitioner). There was no “note” regarding obtaining of loan in the said jamabandi whereas loan against the land was standing in the name of Punjab and Sind Bank, Kokri Kalan and the Patwari – Jaswant Singh (petitioner) intentionally did not give the details of the same and committed a fraud. Cr Misc M- 19776 of 2010 2 Learned counsel for the petitioner has submitted that the FIR has been registered 6 years after the sale deed dated 9.6.2004 was executed. It is submitted that a complaint against the petitioner was filed on 28.5.2004 by one Jagir Kaur. A preliminary inquiry was conducted by the then SDM Moga. Thereafter, a charge sheet was served on 2.12.2005. After inquiry, the petitioner was dismissed from service vide order dated 5.3.2007 passed by the Deputy Commissioner. The petitioner filed an appeal against the said order and he was ultimately reinstated in service by the Financial Commissioner (Revenue), Punjab. Thereafter, the petitioner filed a civil suit dated 21.1.2010 (P1) claiming damages to the extent of Rs 50.00 lakhs from the defendants for his wrongful dismissal. On account of the said civil suit, the petitioner was placed under suspension vide order dated 15.6.2010 (P2). The said suspension order had been passed on the complaint of one Gulbag Singh. The petitioner got an affidavit (P3) of said Gulbag Singh that there was no tampering with his record and, therefore, he wanted to withdraw his application. Thereafter, the suspension order was revoked and now the present FIR has been lodged. It is submitted that the petitioner has since retired from service. In response, learned Additional AG Punjab submits that the petitioner on 7.6.2004 issued a jamabandi in favour of Mandeep Kaur – vendor of the land without recording the encumbrance note that the land was under charge for an amount of Rs 35,000/-. Therefore, he facilitated the execution of the sale deed by misrepresentation. It is submitted that the petitioner knowingly suppressed the fact of the charge created on the land that was to be sold so as to give undue benefit to the seller and cause loss to the Bank. Cr Misc M- 19776 of 2010 3 I have given my thoughtful consideration to the contentions of the learned counsel for the parties. It is not in dispute that the petitioner has joined the investigation. Besides, he has retired from service. The case is based primarily on documentary evidence. Therefore, it is unlikely that the petitioner would be in a position to influence the prosecution witnesses. The prosecution is to establish and prove its case by leading evidence. In the facts and circumstances of the case, the interim bail granted on 14.7.2010 is made absolute. This petition stands disposed of. 18.11.2010 ( S.S.SARON ) ASR Judge