1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CrMPs(M) No. 939, 940 & 941 of 2008 Date of decision: 3.10.2008 1. CrMP(M) No. 939 of 2008 Brahamdeep Singh Petitioner Versus State of H P Respondent 2. CrMP(M) No.940 of 2008 Gurpal Singh Petitioner Versus State of H P Respondent 3. CrMP(M) No.941 of 2008 Smt.Satwant Kaur Petitioner Versus State of H P Respondent Coram: The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ?1No. For the Petitioners: S/Sh.T.R.Chandel and Vinay Thakur, Advocates. For the Respondent: Sh. J.S.Guleria, Law Officer. 1 Whether the reporters of Local Papers may be allowed to see the judgment ?yes. 2 Surinder Singh,J. (Oral) This order will dispose of these three petitions, for the grant of pre-arrest bail, as the same arise from the same FIR No. 307 of 2008 dated 29.8.2008 registered in Police Station, Paonta Sahib, District Sirmour (HP) under sections 420, 406 and 120-B of the Indian Penal Code. Notice of the applications was given to the respondent-State. Mr.J.S.Guleria, learned Law Officer has put in appearance and have objected to the grant of pre-arrest bail to the petitioners. Interim bail was granted to the petitioners on 12.9.2008 and they were directed to join the investigation of the case. Pursuant to the order,the petitioners have joined the investigation and were interrogated by the police, during all these days. I have heard the learned counsel for the parties and have examined the investigation record of the case. In brief the prosecution case has been that the complainant(s) Dalip Singh and Surinder Singh are the residents of village Khara falling under Police Station Paonta Sahib. One Bagga Ram and Gian Chand are alleged to have sold their land measuring 14 bighas 13 biswa in favour of Smt. Satwant Kaur, Dalip Singh, Surinder Singh 3 and Om Parkash for a sum of Rs.21,00,000/- out of which each of the vendees contributed Rs.5,25,000/- Since they intended to sell the land to M/S Superlink Polyfeb (Ltd) and executed an agreement. They received earnest money to the tune of Rs.2,50,000/-, since the proposed vendee could not purchase the land in the State of Himachal Pradesh, save and except, after seeking permission of the State Government, thus applied for permission of the State Government. It is alleged that in the meantime Smt. Satwant Kaur in whose favour S/Shri Bagga Ram and Gian Chand had executed the General Power of Attorney, in-connivance with her husband Gurpal Singh and son Brahamdeep Singh petitioners, executed a sale deed in favour of her another son Brahamdeep Singh on 28.1.2008, thereafter Brahamdeep Singh out of the said land sold 12 bigha 13 biswa in favour of Harvinder Singh s/o Shri Sultan Singh resident of Devi Nagar, Panota Sahib for Rs.90,00,000/-. After receiving the aforesaid amount, Smt. Satwant Kaur paid Rs.16,25,000/- to Shri Om Parkash whereas the complainants Dalip Singh and Surinder Singh were not paid anything, and denied them their share. It is also alleged that the petitioners hatched the conspiracy and caused wrongful loss to them. 4 Police recorded the statements of the witnesses and interrogated the petitioners. From the investigation record it reveals that Bagga Ram and Gian Chand, intended to sell their share in the land measuring 22 bigha 19 biswas comprised in Khasra No.333/71 and executed the General Power of Attorney in favour of Smt.Satwant Kaur w/o Shri Gurpal Singh petitioner, which was registered as Deed No. 221 on 30.4.2005 in the office of Sub Registrar, Paonta Sahib. During the investigation it revealed that Smt. Satwant Kaur, as their attorney, had sold 7 bigha 13 biswa in favour of her son Brahamdeep Singh on 14.8.2008 for a sum of Rs.18,20,000/- and a sale deed was also executed on the same day. Brahamdeep Singh, out of the aforesaid land, further sold two bighas of land to Shri Harvinder Singh for Rs.85,000/-. The vendor aforesaid was identified by Sh.Om Parkash Ex. Pradhan. On 14.8.2008 Brahamdeep Singh had also executed a sale deed of the land alleged to have been purchased by him, in favour of Harvinder Singh with respect to 12 bighas 13 biswas of the remaining land. So far, there is nothing on record to show that the complainant and Smt. Satwant Kaur had agreed to purchase the said land jointly except their bare allegation/contention and 5 the statements of some witnesses, recorded under section 161 of the Code of Criminal Procedure. Investigation of this case is almost complete and the police only intends to recover the consideration amount, which is alleged to have been received by the petitioners. Keeping in view the nature and gravity of the accusation, the possibility of the petitioners to flee from justice, the bail of the petitioners cannot be denied. The petitioners have not been arrested so far and they are apprehending their arrest in non- bailable offences registered against them, therefore, it is ordered that in the event of their arrest, they be released on bail, on their furnishing bail bonds in the amount of Rs.20,000/- each with one surety each of the like amount to the satisfaction of the arresting officer. The bail shall be subject to the following conditions that the petitioners shall: a) make themselves available for the purpose of interrogation, as and when required by the Investigating agency, and shall also be present in the court, whenever required to do so; b) not directly or indirectly make any inducement or promise acquainted with the facts of the case so as to 6 dissuade them from disclosing such facts to the court or police officer. c) In case the petitioners shall flout any of the aforesaid conditions, liberty of bail shall be cancelled. Needless to say, the lady petitioner shall be interrogated by the police with all decency and in accordance with the directions issued by this court and also by the Hon’ble Apex Court from time to time. The interim order of bail, granted vide order dated 12-9-2008, is accordingly modified to the above extent. Any observation made hereinabove shall not effect on the merits of the case. The petitions stand disposed of. October 3,2008 (Surinder Singh),J. (D)