Crl. Misc. No.M-27125 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-27125 of 2011. Date of decision: December 19, 2011. Balbir .. Petitioner VERSUS State of Haryana .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Vivek Goyal, Adv., for the petitioner. Ms.Shalini Attri, DAG., Haryana. M.M.S.BEDI, J (ORAL). Petitioner Balbir Singh has filed this petition under Section 438 Cr.P.C., for the concession of pre-arrest bail in a case which was registered at the instance of complainant Mahender Singh alleging that he had purchased a plot measuring 7 marlas on 14.6.1978. The same very plot was sold by Varinder in 2006 to the petitioner on identification of two Numberdars Kashmir Chand and Rampal. Notice was issued to the State. The Investigating Officer ASI Mange Ram, present in the Court, on the basis of investigation file has clarified that one Varinder son of Sri Chand is owner of plot measuring 6 marlas in Killa No.34/11. Said Varinder ....1 Crl. Misc. No.M-27125 of 2011 had sold the same to Pala Ram etc. on 26.6.2006, on receipt of full payment of sale consideration. Mutation of the said property was used for sale of Killa No.38/10, for selling the said plot by impersonator of Varinder by joining Kashmir Chand and Ram Pal as attesting witnesses being Numberdars. As per the said fake registration, site shown as 391 X 432 was transferred in the name of petitioner by impersonator of Varinder on 26.9.2006. Counsel for the petitioner has submitted that the petitioner is himself a bona fide purchaser. He has paid sale consideration of ` 3,25,000/- to the impersonator of Varinder who was identified by Kashmir Chand and Ram Pal. It is interesting to note that the original Varinder had also executed the sale deed in favour of Pala Ram etc. on 26.6.2006 on the identification of same Kashmir Chand and Ram Pal. Counsel for the petitioner has submitted that the petitioner after having purchased the property from alleged impersonator of Varinder has further sold the same in 2007 for sale consideration of ` 3,60,000/- to Pawan Kumar. Said Pawan Kumar had subsequently sold the same to Jyanti Devi who had transferred the same to Sushma and Shashi Rani, at present in possession of plot measuring 40 X 45 sq. yards. After hearing the counsel for the petitioner and going through the police file as well as the facts and circumstances of this case, it appears that the property of complainant has been sold by the impersonator taking advantage of the ownership of ....2 Crl. Misc. No.M-27125 of 2011 another plot in the name of Varinder. Impersonator of Varinder whose photograph exists on the sale deed executed on 26.9.2006, though is available but he has not been arrested as Kashmir Chand and Ram Pal Numberdars, who had identified the impersonator are also not traceable. Petitioner, no doubt, has joined investigation but it has been informed that on joining investigation in presence of the Advocates, he has not cooperated and has simply informed that he had purchased the property through the intervention of Property Dealers Krishan and Sanjiv who had died long time back. Property of complainant Mahender Singh appears to have been transferred by impersonator of Varinder taking advantage of the name of Varinder who was owner of another plot of 6 marlas in Killa No.34/11. Since the main culprits have not yet been arrested, the petitioner is established to have remained in direct contact with the impersonator at the time of execution of the sale deed dated 26.9.2006. It will be pre-mature to express any opinion regarding the bona fide of the petitioner as he had purchased the property under fake sale deed in September 2006 and had sold the same in 2007. Mere fact that he was able to get the property mutated on the basis of said sale deed will not, ipso facto, prove his bona fide. The joining of investigation in the circumstances of the present case by the petitioner is merely an empty formality not leading the Investigating Agency to any firm conclusion regarding the actual culprit. The custodial interrogation of the petitioner seems to be required for arriving at just conclusion. No ....3 Crl. Misc. No.M-27125 of 2011 ground is made out to grant the concession of pre-arrest bail to the petitioner. Dismissed. (M.M.S.BEDI) JUDGE December 19, 2011. rka ....4