CRM M-16898 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-16898 of 2009 Date of Decision: 24.8.2009 Joga Singh ....Petitioner. Vs. State of Punjab ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Sameer Sachdeva, Advocate for the petitioner. Mr.Ranbir Singh Rawat, AAG Punjab for the State/respondent. Mr.K.S.Sidhu, Advocate for the complainant. RAKESH KUMAR JAIN, J.(Oral) The petitioner has applied for grant of anticipatory bail in case registered vide FIR No.170 dated 29.5.2009 under Sections 420/120-B/506 IPC at Police Station Samana, District Patiala. The aforesaid FIR was registered on the statement of Bhajan Singh in which he stated that he wanted to raise some money against his land to settle his domestic debts. In this regard, he had talked with petitioner in the month of May 2009, who assured him that he could get him loan of Rs.1-1.5 lacs from the Bank against his land. He gave his consent to Joga Singh (petitioner) who took him to Samana Tehsil Office on 12.5.2009 where Gurcharan Singh, Namberdar of the village was also present. Both Joga Singh and Gurcharan Singh talked with each other separately and then Joga Singh purchased a stamp paper from the stamp vendor in the name of complainant and got General Power of Attorney drafted through typist. On CRM M-16898 of 2009 -2- being asked, they told him that they were completing loan documents. Thereafter, in the evening they took him to Tehsildar Samana where Gurcharan Singh also signed the stamp paper. On 15.5.2009 he came to know that Joga Singh and Gurcharan Singh in connivance with each other had taken his General Power of Attorney in the name of Joga Singh and sold his two acres of land to Jagga Singh son of Joginder Singh. On these allegations, he has alleged that Joga Singh and Gurcharan Singh have cheated him. Before coming to this Court, the petitioner had applied for anticipatory bail in the Court below, which was dismissed by Additional Sessions Judge, Patiala on 15.6.2009. Counsel for the petitioner submits that co-accused Gurcharan Singh has been released on regular bail by the Court below. He also submits that in terms of the order passed by this Court, the petitioner has joined the investigation. As against this, counsel for the State submits that the petitioner has sold land of the complainant to Jagga Singh and obtained Rs.6 lacs for 12 kanals of land which has not been paid to the complainant as alleged by him. It is further submitted that the petitioner cannot claim parity with the co-accused Gurcharan Singh, who has been granted regular bail by the Court below. Since recovery of money is yet to be effected from the petitioner, I do not find it to be a fit case for grant of anticipatory bail. Therefore, the petition is hereby dismissed. (RAKESH KUMAR JAIN) 24.8.2009 JUDGE Meenu CRM M-16898 of 2009 -3-