Crl.M.No. M-19335/2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-19335/2010 Date of decision: 16.9.2010. Daya Parkash ....................Petitioner v. State of Haryana .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Vikram Singh,Advocate for the petitioner. Mr.Mahabir Singh Sindhu,Addl.AG Haryana Mr.Rajesh Lamba,Advocate for the complainant. Jaswant Singh.J.(Oral) Prayer under Section 438 Cr.PC is for grant of anticipatory bail in case FIR No.81dated 18.2.2010 under Sections 420, 467, 468, 471, 120-B, 34 IPC, PS Nuh,Distt.Mewat. The allegations levelled by complainant Jyoti Lal in the FIR are that he wanted to transfer his property in the name of his wife by way of a Will. Since the complainant is an illiterate person so he approached Rohtash (co-accused of the petitioner) being the Lambardar of his Village to help him get the said Will executed in favour of his wife. It is further alleged that said Rohtash took complainant Jyoti Lal on 13.1.2010 to the Tehsil Office at Nuh. At that time the said Rohtash was accompanied by Iqbal Singh, petitioner and Crl.M.No. M-19335/2010 2 2-3 other persons. At Tehsil Office, the Rohtash,co-accused of the petitioner is alleged to have made complainant thumb mark the register of Stamp Vendor, saying that the same was required for execution of the Will in favour of his wife. On the same day i.e. 13.1.2010, besides getting prepared/registered one Will in favour of wife of the complainant, one forged agreement to sell in respect of the same property measuring 14 kanals 10 marlas of the complainant-Jyoti Lal, in favour of Digamber (real brother of Rohtash, Lambardar) and petitioner was also got prepared/executed by said Rohtash. The petitioner alongwith Digamber, real brother of co-accused Rohtash is beneficiary of the said forged agreement to sell. As per said agreement to sell, entered at Sr.No.879 of Ganesh Dass Arora, Deed Writer, the total sale consideration of Rs.29 lacs was paid to complainant in the Tehsil Office and the complainant is also alleged to have given a receipt in token of having allegedly received the said amount. Later on petitioner filed a suit for specific performance against the complainant regarding the said forged agreement to sell dated 13.1.2010. Learned counsel for the petitioner submits that a false case has been registered against the petitioner and his co-accused. The complainant in view of the increase in prices of the land in the area has become greedy and resiled from the agreement and therefore, has filed the present FIR as a counter blast to the suit for specific performance filed by the petitioner. It is further submitted that from the contents of Crl.M.No. M-19335/2010 3 the FIR it is clear that dispute is purely of civil nature and therefore, criminal liability is unwarranted. Learned State counsel submits that the petitioner is beneficiary of the fraud committed by Rohtash, Lambardar of the Village in connivance with the petitioner and his brother who cheated a poor illiterate farmer of his land. He further submits that to unravel the extent of fraud played by the accused, custodial interrogation of the petitioner is necessary. Without commenting on the merits of the case and keeping in view the nature and gravity of the offence it is clear that the custodial interrogation of the petitioner is necessary for effective investigation of the case. No case for grant of anticipatory bail is made out. Dismissed. 16.9.2010 (Jaswant Singh) joshi Judge