In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 37909 of 2010 (O&M) Date of decision: 3.1.2011 Baldev Singh and another ......Petitioners Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.IPS Kohli, Advocate for for the petitioners. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 328 dated 5.10.2010 under Sections 406, 420, 467, 468, 471, 120-B of the Indian Penal Code, registered at Police Station Indri, District Karnal. The contents of the FIR, as reproduced in para 2 of the petition, read as under:- “It is submitted that we 1. Gurcharan Singh son of Sh.Sumer Singh resident of village Phoosgarh, the. Indri District Karnal and 2. Ninder Singh, Mukhinder Singh sons of Bahadur Singh residents of village Sahanabad Teh. Nilokheri District Karnal brought 48 bighas 3 biswas of agricultural land situated at Dabkauli Khurd, Teh and Criminal Misc. No.M- 37909 of 2010 (O&M) -2- District Karnal from Sh. Baldev Singh son of Sh.Jagjit Singh resident of Hafizpur, Teh Jagadhari District Yamuna Nagar and Gurvinder Singh son of Sh.Jasbir Singh and Harivinder Singh son of Sh.Hari Singh residents of village Mandhebar tehsil and Sitrict Yamuna Nagar on dated 22.8.2009 got the same written and takmil done at Indri in the name of only Gurcharan Singh. Date of registry was fixed as 30.12.2009. Sale consideration was fixed as ` 65,25,000/- for which two agreements to sell were written. One agreement to sell pertained to 5 bighas and 19 biswas and the second pertained to 42 bighas and 4 biswas. Copy of agreement to sell is attached. On 29.12.2009 the registry was got done and all payment of land has been also made. It was also written in the agreement to sell that possession of land was handed over to the bujyer on the spot while the truth is that till date we have not been given the possession of land of 48 bighas and 30 biswas for which the above mentioned accused No. 1 to 5 are responsible in all ways because the above mentioned accused have committed fraud with us which is explained as follows: That Gurcharan Singh sold his agricultural land situated at Bayana Tehsil Indri District Karnal and Ninder Singh, Mukhtiar Singh sold their agricultural land situated at Criminal Misc. No.M- 37909 of 2010 (O&M) -3- Samanabahu Tehsil Nilokheri District Karnal about which accused No.1 Devinder Singh property dealer had the knowledge. He also knew that both the parties will buy an agricultural land in future. He took the jamabandi of land situated at Dabkauli Khurd and went to both the parties to buy the land. To satisfy them above mentioned Devinder Singh accused No.1 went to accused No.5 Sh.Dalbir Singh ACO's office where ACO Sahib gave guarantee that you close your eyes and buy this land and ACO Sahib gave us the copy of jamabandi after putting signatures of Balkishan Patwari. We had no knowledge of the name of the ACO. As per the guarantee, the agreement to sell of the land was written in Indri the details of which have been given above. On 15.12.2009 (accused No.1 and 2) Gurcharan Singh son of Sumer Singh and Ninder Singh son of Bahadur Singh were taken to the consolidation office. There ACO Sh.Dalbir Singh was alone. The land was again got authenticated from him. He guaranteed us and gave us the copy of jamabandi, ladi No.104 and copy of girdavari made in his own hand on which the signatures of Balkishan Patwari were there on the basis of which on 29.12.2009 at tehsil Karnal registry was done and payment was made as per the contents of the agreements to sell in front of Criminal Misc. No.M- 37909 of 2010 (O&M) -4- witnesses. Not only this, the expenses of ploughing of field after standing crop of ` 16,000/- was also taken from us by owners accused No.2 to 4. When we went to ask for the possession of the land to Devinder Singh and Baldev Singh above then they demanded a sum of ` 15,00,000/- and said that a concrete road has now been made besides the land and the price of land has increased. In order to settle the dispute we have paid the increased about of ` 15,00,000/- and a sum of ` 20,000/- as commission to Devinder Singh above. The accused No.1 has taken a total sum of ` 16,37,700/- by deceit from us but has not given us the possession. The deal of this land was got done by accused No.1 and accused No.5. We continued to ask for possession to the above accused No.1 and 5 but they both kept on giving lame excuses I (Gurcharan Singh)went to the consolidation office for getting the intaqal of the land done then accused No.5 told me that Patwari is not here. Whenever, he will come, intaqal will be done. Accused No.5 had given a map of the land upon which phone No. and ACO was inscribed. When the map was shown to him then he cut the name and telephone no. with his hand and we had doubt on this. He told his name to be ACO Dalbir Singh. We had a doubt, I asked that the Criminal Misc. No.M- 37909 of 2010 (O&M) -5- name you have written on the copy is whose. Then ACO Dalbir Singh accused No.5 said that you are concerned with the signatures or with your work. Your work will be done properly. We searched for the real patwari the name of the patwari of the area was told to be Sh.Nafe Singh. When we met the patwari then he told us that Baldev Singh has 5 bighas and 19 biswas of land in his name and the intaqal of rest of the land is no more. There is a stay on this land from High Court as well as Civil Court on hearing which we were taken back. We time and again asked Devinder Singh and Dalbir Singh as to what they have done with us. On 9.3.2010, Devinder Singh accused No.1 met Ninder Singh and Mukhtiar Singh sons of Sh.Bahadur Singh and talked to them while calling them at Karnal and sitting at the shop of Chole Bhature wale Sardarji at Ghantaghar Chowk and said that we will give you the possession of the land but for this you give us ` 25,00,000/- more since the price of the land has increased very much. In this way, the cruelty of the above accused is increasing continuously and we purchasers are suffocating on account of non-giving us the possession as well as non intaqal of the land and the tensions have increased so much that we fail to understand what do do. I (Gurcharan Singh) went to the Criminal Misc. No.M- 37909 of 2010 (O&M) -6- office of ACO Karnal then ACO told me that you will be given just 5 minutes and whatever you want to say, say it and go away. Never come to the consolidation office from today onwards but I told him politely that you people have duped us and you also threaten us. I will make a complaint against you to the Superintendent of Police then he got some what soft and said that I by calling Devinder Singh accused No.1 and by myself either will give you the land or shall return your money back but nothing has been given to us till date and have been given lame excuses. I Ninder Singh son of Bahadur Singh village Samanabahu District Karnal went to the house of Devindedr Singh then I told Devinder Singh that the land whose deal you have got done with us, you have ditched us in that. On this Devinder Singh got infuriated and said I have told you many time that if you give ` 25,00,000/- then only you will get the possession of the land and threatened that I am brother of president of congress (I) of the Indri area. Sh.Huda has come to our house and has taken meals at our residence thrice. Don't talk to me regarding this land today onwards otherwise you and your friends shall have to face serious consequences. I may tell you that accused No.2 has already committed a murder, it will not affect us. We all Criminal Misc. No.M- 37909 of 2010 (O&M) -7- will teach you all such a lesson that you people will never look at us again. We have illegal arms, you better stay away from us. Hence, you are requested that the above accused may kindly be asked that as to why they have duped us by befooling us. What harm had we caused to them that they decided to have curses of us and our children. We pray you with folded hands that our rights be given to us by taking strict action against the accused. We will be thankful to you. Our life and property are in danger, they be saved”. After hearing learned counsel for the petitioners, I am of the opinion that no ground for grant of anticipatory bail to the petitioners is made out. The allegations levelled against the petitioners are serious in nature. The petitioners and their co-accused have taken huge amount from the complainant party. The documents, on which reliance has been placed by the accused, are also alleged to be of doubtful in nature. The petitioners might be required for custodial interrogation. Accordingly, this petition is dismissed. (SABINA) JUDGE January 03, 2011 anita