IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 32368 of 2008 (O&M) Date of decision : January 16, 2009 Sukhchain Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. AK Khunger, Advocate for the petitioner Mr. KD Sachdeva, DAG Punjab Pritam Pal,J. (Oral) Petitioner has brought this petition under section 438 of the Code of Criminal Procedure for seeking anticipatory bail in case FIR No.93 dated 2.10.2008 under sections 306, 506, 34 IPC registered at Police Station Maur, District Bathinda. The allegations against the petitioner are that he being a Property Dealer had got executed an agreement to sell Annexure P/1 in respect of land of Jagsir Singh deceased for a consideration of Rs 17,30,000/- out of which Rs 12 lacs were said to have been paid to the deceased at the time of entering into an agreement on 4.9.2008. It is further alleged that on 30.9.2008, the petitioner along with other person had gone to the deceased and threatened him to execute the sale deed but Jagsir Singh did not come forward to execute the sale deed as the aforesaid amount of Rs 12 lacs was not paid to him. In fact, only a sum of Rs one lac was paid at the time of agreement to sell. So on account of aforesaid threat given by Criminal Misc. -M No. 32368 of 2008 (O&M) -2- the petitioner and other co-accused, the deceased committed suicide on the next date i.e. 1.10.2008. It is also to observe here that many cases of aforesaid nature are occurring in this part of the country where poor rustic and illiterate persons are being defrauded and on that account they are committing suicide. Be that as it may, taking into consideration the fraudulent act and conduct of the petitioner, at this stage, he cannot be said to be innocent in this case. The investigation is still going on. Moreover, it is well settled that the provisions under section 438 of the Code of Criminal Procedure are to be invoked sparingly and in exceptional circumstances which are lacking in this case. Hence no ground for granting anticipatory bail is made out. Criminal Misc. is dismissed. ( Pritam Pal ) January 16, 2009 Judge 'dalbir'