Criminal Misc. No. M-7695 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-7695 of 2008 (O&M) Date of Decision:03.04.2008 Sunder Lal Maloo .....Petitioner Vs. State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. H.S.Gill, Senior Advocate with Mr. Sunil Panwar, Advocate for the petitioner. **** RAJESH BINDAL J. The allegations against the petitioner are that he had enrolled the complainant as member of the Society at temporary No. 021 which was fictitious as the same was not found on verification by the Inspector, Cooperative Societies. The complainant was promised the allotment of a flat but was not in the list of the eligible allottees in the draw of lots carried out on June 1, 2006. Learned counsel for the petitioner submits that initially provisional registration number is allotted to any member and after the completion of the formalities and the payment of the entire amount, the number is made permanent. At the first instance, provisional membership No. 021 (temporary) was allotted to one Ram Niwas Gupta who had resigned from the membership on 28.7.1998. Thereafter, on 19.8.2000, this serial number was allotted to Kishan Prasad, his membership was confirmed but still he resigned from the membership and, thereafter, this number was allotted to the complainant on 2.5.2003. The number could not be made permanent as the complainant had failed to complete the formalities and deposit the balance amount. However, the record produced before this Court shows that the name of the complainant finds mentioned at Sr. No.141 of the list of members and his membership was shown to be terminated. At serial number 147, new member in the names of Manisha and Sanjay Sohaney were inducted at provisional membership No. 021 on 31.5.2004 and in fact they had been allotted flat bearing No. C-101 in the Criminal Misc. No. M-7695 of 2008 (O&M) -2- draw of lot held on 1.6.2006. The complainant though stated to have not completed the formalities and deposited all the instalments of the flat but still there is nothing on record to show that any notice was issued prior to the date of draw of lots. How his temporary membership was cancelled before allotting the same to Manisha and Sanjay Sohaney is not borne out from the record. The notices which have been placed on record are dated 18.12.2006 and 30.12.2006, requiring the complainant to comply with the formalities within 15 days and make the payment otherwise the Society will be constrained to cancel the provisional allotment/ membership No. 021 whereas the facts shows that his membership in fact had already been cancelled and even the flat had also been allotted to a new member inducted at Serial No. 147 in the draw of lots held on 1.6.2006 before even a notice was issued to the complainant. It is not disputed that total number of 50 flats was made by the Society and all of them were allotted in the draw of lots on 1.6.2006 and on 18.12.2006, when notice was issued to the complainant to complete the formalities and deposit over due amount, no flat was available with the Society which could be allotted to the complainant. In view of these facts on record, I do not find it to be a fit case for grant of pre-arrest bail to the petitioner. Dismissed. April 03, 2008 ( RAJESH BINDAL ) renu JUDGE