CRM-M No.16183 of 2009 (O&M) -1 - IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M No.16183 of 2009 (O&M) Date of Decision: 7.8.2009 Rajwinder Singh ..Petitioner. Vs. State of Punjab ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.H.N.S.Gill, Advocate for the petitioner. Mr.Rajni Gupta, Addl.AG Punjab for the State/respondent. RAKESH KUMAR JAIN, J. This is a petition under Section 438 Cr.P.C. for grant of anticipatory bail in case registered vide FIR No.34 dated 23.5.2009 under Sections 420/120-B/506 IPC at P.S.Sohana, District Mohali. The story unfolded by complainant Bhagwant Singh is that Manjit Singh and Paramdeep Singh @ Paramjeet Singh were jointly doing the business of property dealing. They promised the complainant to get cheap and undisputed land and showed him 26 Bighas 4 Biswas of land in village Siswan on 8.10.2007. The deal was struck for a sum of Rs.20 lacs in the office of Rajwinder Singh Bittu (petitioner). Complainant Bhagwant Singh paid Rs.One lac as token money and Paramdeep Singh @ Paramjeet Singh issued a receipt. It was agreed that Rs.20 lacs shall be paid at the time of agreement but before execution of the sale deed. Manjit Singh and Paramdeep Singh @ Paramjeet Singh called Bhagwant Singh (complainant) in the office of Rajwinder Singh Bittu (petitioner) and asked him to pay CRM-M No.16183 of 2009 (O&M) -2 - remaining amount. Complainant Bhagwant Singh gave Rs.4 lacs in cash and 5 lacs by way of cheque No.499426 dated 5.11.2007 in the presence of the petitioner. The cheque was issued in the name of Manjit Singh. On 5.11.2007 Manjit Singh got the cheque encashed. It was, however, came to the notice of the complainant that land does not belong to persons who alleged themselves to be the owners, therefore, a calculated fraud was played by Manjit Singh, Paramdeep Singh @ Paramjeet Singh and Rajwinder Singh Bittu. Before coming to this Court, the petitioner had filed anticipatory bail application in the Court of Additional Sessions Judge, Mohali which was dismissed on 6.6.2009. Learned counsel for the petitioner has argued that as per enquiry report conducted by Incharge Economic Wing (Counselling) SAS Nagar (Annexure P-2), Manjit Singh and Paramdeep Singh @ Paramjeet Singh are guilty which is also evident from affidavit (Annexure P-3) sworn by Kulwant Singh. It is further submitted that the petitioner has joined the investigation and nothing is to be recovered from him. Learned counsel for the State has submitted that all the transactions are carried out in the office of Rajwinder Singh @ Bittu (petitioner) who is also a property dealer and is a part of the chain. It is further submitted that not only recovery of the amount is to be effected but also identity of these fake persons is to be established who were involved with the petitioner, Manjit Singh and Paramdeep Singh @ Paramjeet Singh in the sale of Panchayat land. Keeping in view the seriousness of the offence and also the fact that recovery is yet to be effected and some persons are yet to be arrested, CRM-M No.16183 of 2009 (O&M) -3 - which were shown to be the owners of the land in question, I do not find it to be a fit case for grant of anticipatory bail and the same is hereby dismissed. (Rakesh Kumar Jain) 7.8.2009 Judge Meenu