CRM-M-37762 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-37762 of 2011 (O&M) Date of Decision:14.12.2011 Surender Ahuja . . .Petitioner Versus State of Haryana . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Robin Dutt, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. This is a petition for pre-arrest bail in a case registered vide FIR No.170 dated 23.9.2010 under Sections 406 & 420 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Pinjore, District Panchkula. The complainant is the Branch Manager of the State Bank of India, who has alleged that the petitioner had obtained house loan for purchasing house No.237, Vasant Vihar, Himmatgarh, District Mohali. The house loan was sanctioned and two demand drafts of `8 lacs each were issued by the Bank in favour of the vendee and the sale deed was executed on 15.7.2009 in favour of the petitioner. The equitable mortgage was also created in respect of the said house by deposit of the title deeds with the Bank. The petitioner did not pay amount of loan with interest as a result of which the Bank had issued notice under Section 12 of the SARFASI Act. In response to the notice one Ashwani Singla sent a letter dated 12.5.2010 to the Bank in which he had claimed that he is the owner of the house in dispute which is alleged to have been purchased by him on 16.11.2009 from Jasbir Kaur. On enquiry, it was found by the Bank that the house purchased by the petitioner on 15.7.2009 is shown to be situated on the land bearing CRM-M-37762 of 2011 (O&M) - 2 - Khewat/Khatauni No.2/16, Khasra No.54, 95, 96 & 99 in Mauza Himmatgarh as per Jamabandi for the year 2005-06 whereas there is no house constructed upon any of the plot of the land bearing the said khasra numbers which is situated near Gurdwara of village Dhakauli and even the vacant plot bearing No.237 in the said khasra number is owned and possessed by an Ex-serviceman. Learned counsel for the petitioner has submitted that the loan has been sanctioned by the Bank on the basis of valuation report and if the issue is with regard to the non-payment of the loan amount by the petitioner, the Bank can always file a Civil Suit and that the petitioner himself has been cheated as he has made an additional amount of `7.50 lac to the vendee besides `16 lacs which he had obtained as loan from the Bank. I have heard learned counsel for the petitioner and perused the record from which I have found that the allegations against the petitioner are very serious in nature because the house which is alleged to have been sold to the petitioner does not exist on the land in question and some other person is claiming to be the owner of the property in dispute on the basis of a sale deed dated 16.11.2009 alleged to have been executed by Jasbir Kaur. Keeping in view the facts and circumstances of the case, I do not find it to be a fit case for grant of anticipatory bail. Hence, the present petition is hereby dismissed. (RAKESH KUMAR JAIN) DECEMBER 14, 2011 JUDGE Vivek