Crl.M.No. M-18837/2010(O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Crl.M.No. M-18837/2010(O&M) Date of decision: 6.7.2010. Satpal Rathee ....................Petitioner v. State of Haryana .....................Respondents. Coram: Hon'ble Mr.Justice Jaswant Singh. Present:- Mr.P.S.Hundal,Senior Advocate with Mr.Premjit Singh Hundal,Advocate for the petitioner. Jaswant Singh,J.(Oral). Petitioner has filed the present petition under Section 438 Cr.P.C., for the grant of anticipatory bail in case FIR No.427/2008 dated 8.10.2008 under Sections 420/467/471/120-B IPC, registered at PS DLF,Sector 29, Gurgaon. Facts in brief are that complainant-Prem Lata had purchased a plot measuring 425 square meters bearing no.199 in the residential colony known as Ansal Sushant Lok-I,Gurgaon from Dr.Avadh Kishore Sharma, settled at England for a total consideration of Rs.8.50 lacs paid through pay order dated 11.3.1996 in favour of said Avadh Kishore Sharma. Complainant made entire payment and was continuing as owner in possession of the said plot and also paying Crl.M.No. M-18837/2010(O&M) 2 the maintenance charges to the agency of the developers-Ansals. After January 2008 request for payment of maintenance charges was stopped and on inquiry it was found that the same were being paid by an individual (petitioner-Satpal Rathee) claiming himself to be registered owner of the plot. Further inquiries revealed that Satpal had got registered fictitious sale deed dated 6.5.2008 on the basis of a false and fictitious GPA dated 25.4.2008, allegedly executed by Dr.Avadh Kishore Sharma in the name of one Daya Singh. Pawan Kumar Gupta and Sanjay were the attesting witnesses of said GPA. Accordingly the aforesaid FIR was registered. Learned counsel for the petitioner has argued that a wrong impression has been given from the side of the prosecution that the petitioner is a hardened criminal and there are three FIRs pending against him. It is submitted that the petitioner has been acquitted in all the three cases, which were, in any case instituted on account of a political vendetta undertaken by Sh.Om Parkash Chautala. Learned counsel further submits that the petitioner is a bona fide purchaser as he has been cheated by Daya Singh and his accomplices. In support, reliance has been placed upon Md.Ibrahim and others v. State of Bihar and another, 2009(4) RCR (Criminal) 369. With these submissions prayer for grant of anticipatory bail has been made. After hearing learned counsel for the petitioner, I am not inclined to accept the pleas raised on behalf of the petitioner. It is a matter of common knowledge that in the area in question rates of Crl.M.No. M-18837/2010(O&M) 3 properties have escalated enormously. It also cannot be disputed that there is a trend amongst Property Dealers to identify the vacant plots of individuals who are not residing in that area and sell/re-sell those plots by fabricating documents. In the present case it is neither disputed nor it has been explained (as noticed in Para 7 of the order dated 26.6.2010 passed by the learned Additional Sessions Judge) that cheque no.078406 dated 5.5.2008 amounting to Rs.65 lacs issued by the petitioner towards the sale consideration against sale deed dated 5.6.2008, which is found to be forged and fabricated one, drawn on Axis Bank, bearing Account No.7139 has not been encashed. Therefore, the plea being raised that the petitioner is a bonafide purchaser does not inspire any confidence. Thus, the cited judgment does not support the case of the petitioner. It also emerges from the record that witnesses to the GPA namely Pawan Gupta and Sanjay were found to be fake and they alongwith Daya Singh are yet to be located and arrested. The learned Additional Sessions Judge has rightly noticed that all these persons are equally involved in the commission of crime and custodial interrogation of the petitioner (Satpal Rathee) is required for proper investigation of the case and no exceptional circumstances exist for grant of anticipatory bail. Dismissed. 6.7.2010 (Jaswant Singh) joshi Judge