IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-27876 of 2008 Date of decision: 27th February, 2009 Gurwant Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. L.M. Gulati, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. By this common order two petitions, i.e. Criminal Misc. No.M- 27876 of 2008 preferred by Gurwant Singh son of Kartar Singh, resident of H.No. 38, Khalsa Avenue, Nikka Singh Colony, near Khalsa College, Amritsar and Criminal Misc. No. M-28573 of 2008 preferred by Satnam Singh son of Sardara Singh resident of Guru Ki Wadali, Amritsar shall be decided together. Both the petitioners have been named as accused in case FIR No. 168 dated 30.09.2008 registered at Police Station Anjala, District Amritsar under Sections 420, 120-B IPC. Both the above said petitions have been filed under Section 438 Cr.P.C. seeking pre-arrest bail in the above said FIR. In the present case, FIR has been lodged at the instance of Dalip Singh son of Ala Singh. In the FIR, it was stated that Gurwant Singh petitioner had purchased 78 kanals 12 marlas of land situated in village Criminal Misc. No. M-27876 of 2008 Bhaggupur from the complainant on 13th March, 2006. Satnam Singh Wadali petitioner had approached Dalip Singh as a middleman for getting the sale effected. Dalip Singh was taken to Gurwant Singh and deal was struck and sale price was fixed for the purchase of land by Gurwant Singh at Rs.25.00 lacs. It is stated that on the next date, i.e. 14th March, 2006, Satnam Singh Wadali took the complainant before the Sub-Registrar, where a cheque of Rs.2.50 lacs was given and it was stated that a bag containing Rs.22.50 lacs in cash will be given to the complainant at the village. It has been averred in the FIR that at the time of effecting sale deed, no Nambardar or any witness from the village was present. The sale deed was attested by Prabhtaj Singh Advocate, Angrej Singh son of Gurnam Singh and Kulwant Singh son of Achhar Singh. It is stated that seller complainant Dalip Singh was assured that cash sale proceeds will be handed over to him in the village but no money has been given to him. So with this grievance, present FIR has been lodged. A perusal of the FIR reveal that primary grievance of the complainant Dalip Singh is that sale deed was effected for a consideration of Rs.25.00 lacs. A cheque of Rs.2.50 lacs was paid and cash amount of Rs.22.50 lacs due to him, has been usurped. The sale deed was effected on 14th March, 2006. The present FIR has been lodged on 30th September, 2008. Counsel for the State has handed over the police file, which has been returned. In the file, inquiry report submitted by Superintendent of Police (Detective) Amritsar (Rural) is there. The conclusion of the inquiry officer read as under: “From the statement of witnesses recorded, documentary evidence and from secrete and open inquiry made by me, this is evident that on 13th March, 2006, Dalip Singh son of Ala Singh resident of village Barar, at present 2 Criminal Misc. No. M-27876 of 2008 resident of village Bhusse, Tarn Taran (applicant) had sold 78 kanals 10 marlas of his land situated in village Bhaggupur vide sale deed in favour of Gurwant Singh son of Kartar Singh, resident of Kothi No. 38, Khalsa Avenue, Nikka Singh Colony, near Khalsa College, Amritsar. The total sale consideration was Rs. 25.00 lacs, out of which Rs.2.50 lacs was paid in form of a cheque and amount of Rs.22.50 lacs was paid by Gurwant Singh in cash. After the sale deed was effected, Dalip Singh had taken the amount along with his relative Satnam Singh son of Shingara Singh resident of Guru Ki Wadali, Chhehrata, Amritsar, as above said Satnam Singh had acted as go-between and had got effected the bargain of Dalip Singh with Gurwant Singh. At the time of registration of sale deed, witnesses were also chosen by Satnam Singh according to his own will. Angrej Singh and Kulwant Singh witnesses have confessed in their statements that above said Satnam Singh had taken Dalip Singh applicant after registration of the case, to the house of some relative and there account of Dalip Singh was opened in a Bank and amount of the cheque was also withdrawn by Satnam Singh. From all this, suspicion fell upon Satnam Singh for the offence of cheating. Notices were sent to Satnam Singh to remain present, rather he has sent telegram in which he has leveled allegations, therefore, it is evident that above said Satnam Singh in a well thought over plan for cheating, has misappropriated the amount of sale consideration received by Dalip Singh. Dalip Singh is his relative and is of very old age. He wanted to usurp the amount received from Gurwant Singh. Therefore, Satnam Singh has kept Dalip Singh under dark. Offence under Section 420 IPC is made out against Satnam Singh son of Shingara Singh resident of Guru Ki Wadali, Chhehrata, Amritsar. Inquiry report is being sent to SHO, Ajnala with the above said recommendations.” Mr. L.M. Gulati appearing for the petitioner Gurwant Singh has also placed reliance upon Annexure P-4 and has submitted that it 3 Criminal Misc. No. M-27876 of 2008 has been proved during the inquiry that amount was paid by the petitioner Gurwant Singh to Dalip Singh in the presence of Tehsildar and Dalip Singh had left with the amount to the village along with Satnam Singh. In the present case, sale deed has been effected. Amount has been paid. There is an endorsement of Tehsildar that amount was paid in front of him. If at a highly belated stage, a stand is projected by the complainant that amount has not been paid to him, this is only to be determined during trial, as to which version is correct. Counsel for Gurwant Singh has read Annexure P-4, wherein it has been mentioned that the amount of Rs.25.00 lacs was given to the complainant Dalip Singh in the presence of Baldev Singh son of Sampuran Singh resident of village Chhehrata, Harinder Singh Ex- Sarpanch resident of village Kohali and Balwinder Singh son of Kunan Singh caste Jat, resident of village Wadali, in the premises where sale deed was executed. Relatives of Dalip Singh were present at the spot. Written application to the police was submitted on 4th March, 2008. Why for such a long time, Dalip Singh remained silent, there is no plausible explanation. Petitioners have been granted interim pre- arrest bail by a Coordinate Bench. In view of the nature of allegations and the inquiry conducted by the police, custodial interrogation of petitioners is not required. Prosecution may examine the viability of submitting final report under Section 173 Cr.P.C. at the earliest. Till the report under Section 173 Cr.P.C. is submitted, petitioners are allowed to remain on pre-arrest bail. On submission of report under Section 173 Cr.P.C., prayer of petitioners for regular bail shall be decided by the concerned Court on merits. 4 Criminal Misc. No. M-27876 of 2008 With these observations, above said two petitions are disposed off. (KANWALJIT SINGH AHLUWALIA) JUDGE February 27, 2009 rps 5