IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 8743 of 2009 DATE OF DECISION 18.5.2009 Krishan Dev ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. Jasjit Singh, Advocate Mr.Abhishek Chautala, AAG, Pb Mr. Subhjot Singh, Advocate. M.M.S.BEDI,J. The petitioner seeks the concession of pre-arrest bail in a case registered against him at the instance of Rajinder Singh alleging that the petitioner had sold his house to him on the false pretext that the house was free from all incumbrances. Learned counsel for the complainant has put in appearance to inform that the petitioner had mortgaged the house in dispute to ICICI Bank, Ludhiana but the mortgage had not been recorded in the office of Sub Registrar. The petitioner has received a sum of Rs.2 lacs from the complainant and handed over the possession of the house. In view of the fact that the petitioner has handed over the possession of the house to the complainant on receipt of full consideration amount, the petitioner could have been granted the concession of pre- arrest bail but the fraudulent conduct of the petitioner that he had also entered into an agreement with Nanak Chand regarding the same house on receipt of the earnest money of Rs. 2 lacs, is a strong point about the intention of the petitioner to play fraud qua different people. In view of the above said conduct of the petitioner, no extra ordinary exceptional circumstances exist for the grant of pre-arrest bail to the petitioner. Dismissed. However, this order will not prejudice the right of the petitioner in case he moves an application for regular bail. May 18 ,2009 ( M.M.S.BEDI ) TSM JUDGE