Cr.Misc. NO. M 3001 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 3001 of 2009 DATE OF DECISION : 20.2.2009 Gurmel Singh ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Ms.Puja Chopra, Advocate Ms.Rajni Gupta, DAG, Pb. M.M.S.BEDI,J. The petitioner apprehends arrest in a case registered at the instance of Sukhdev Singh alleging that the property of Gurdev Singh, who is residing in Australia, has been sold by producing Lal Singh in place of Gurdev Singh at the time of execution of sale deed in favour of Pal Singh and Niranjan Singh in the year 1995. Learned counsel for the petitioner has vehemently contended that similar criminal cases filed by the complainant were found to be false by the police and that the owner of the property has not levelled any allegations regarding the sale of his property. It has also been argued that the petitioner is the real brother of Gurdev Singh. I have heard learned counsel for the petitioner as well as the State counsel and gone through the police file. A perusal of the police file indicates that the property of real brother of the petitioner, namely, Gurdev Singh has been fraudulently transferred by playing a fraud with the Registration Authorities as well as with the original owner. No doubt the Cr.Misc. NO. M 3001 of 2009 2 sale deed had been executed in the year 1995 but the fact remains that the property of Gurdev Singh has been sold by Gurmel Singh, petitioner by producing Lal Singh in place of Gurdev Singh. Lal Singh was actually identified by the present petitioner Gurmel Singh though he is the real brother of Gurdev Singh. There may be mala fide on the part of the complainant but prima facie the offences of fabrication of documents and cheating are clearly made out. No extra ordinary exceptional circumstances exist for the grant of pre-arrest bail to the petitioner. Dismissed. Nothing mentioned in the order will prejudice the right of the petitioner to seek the concession of regular bail by surrendering before the Area Magistrate. Though no directions are being issued but it will be appreciated in case the application for regular bail is decided expeditiously, preferably within a period of seven days by the concerned court. February 20 ,2009 ( M.M.S.BEDI ) TSM JUDGE