CRM No. M-32226 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-32226 of 2009 (O&M) Date of decision: 21.12.2009 Sanjeev Kumar ...Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Arun Dogra, Advocate, for the petitioner. Ms. Reeta Kohli, Addl. A.G. Punjab Mr. P.K. Gupta, Advocate, for the complainant. Rajan Gupta, J (oral). This is a petition under Section 438 Cr.P.C. seeking pre-arrest bail in a case FIR No.179 dated 21.8.2009, registered against the petitioner under Sections 420, 419, 465, 467, 468, 470, 120-B IPC at Police Station Zirakpur, District Mohali. Learned counsel for the petitioner has argued that petitioner has been falsely implicated in the case. From the allegations levelled in the FIR, no offence is made out against the petitioner. He, thus, deserves to be enlarged on bail. Learned counsel for the State has, however, vehemently opposed the prayer for pre-arrest bail and referred to the reply/affidavit of Deputy Superintendent of Police, Sub Division Derabassi, District SAS Nagar, Mohali, filed on behalf of the State. She has submitted that petitioner alongwith co-accused Sumit Sahni and Sahil Gupta are CRM No. M-32226 of 2009 2 property dealers. They were aware of the fact that the original owner of the plot in question was one Rajan Jindal, who lives in Delhi. During investigation, it had been found that original photograph of Rajan Jindal was not affixed on the power of attorney purportedly executed in the name of the petitioner. It had also been found that the plot had been sold by executing a forged power of attorney and an amount of Rs.40.00 lacs had been misappropriated. I have heard learned counsel for the parties and given careful thought to the facts of the case. The allegation in the FIR is that the petitioner alongwith co-accused defrauded the complainant of huge amount of money. It was alleged by the complainant that he was told that Sanjeev Kumar had a power of attorney from one Rajan Jindal to sell the plot in question and forged general power of attorney (GPA) was shown to him, according to which Sanjeev Kumar (petitioner) was duly authorized to enter into agreement to sell. After the site was shown to the complainant, an agreement was executed on 22nd October, 2008 between complainant and the petitioner and earnest money of Rs.7.00 lacs was handed over to the petitioner. Other formalities were also completed. On 17th July, 2009, the complainant found that Rajan Jindal had not given any power of attorney to Sanjeev Kumar (petitioner). It is, thus, evident that allegations against the petitioner are serious and his custodial interrogation may be required for taking the investigation to its logical end. CRM No. M-32226 of 2009 3 Keeping in view the fact that the petitioner is stated to have cheated the complainant of huge amount of money, I am of the considered view that he is not entitled to the concession of pre-arrest bail. The petition is devoid of merit and the same is hereby dismissed. (RAJAN GUPTA) JUDGE December 21, 2009 'rajpal'