CRM No. M 20550 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 20550 of 2009 Date of decision: 21.01.2010 Jiwandeep Singh ........ Petitioner Versus State of Punjab .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. S S Swaich, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab for the respondent-State Mr. M K Singla, Advocate for the complainant -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) As per the allegations in the FIR, Kulwant Singh and Manjinder Singh entered into an agreement to sell with Gurbhej Singh for the sale of the land. It is stated that Gurbhej Singh further executed the agreement to sell in favour of the complainant and received a total sum of Rs.50 lacs as earnest money. Another sum of Rs.5,00,000/- was taken from the complainant and the matter was kept pending for the execution of the sale CRM No. M 20550 of 2009 2 deed. The sale deed was not got executed despite requests. The petitioner, herein, is one of the witnesses along with Sukhwinder Singh. Learned counsel for the petitioner states that Sukhwinder Singh is the first cousin of the complainant and hence, no allegation has been levelled against Sukhwinder Singh, whereas the petitioner is also similarly situated. However, from the perusal of the FIR, it is apparent that Sukhwinder Singh was rather mentally upset due to fraud committed by the above said persons and on 08.01.2009, the said Sukhwinder Singh committed suicide due to the harassment and behaviour of the accused. Thus, there is no merit in the arguments raised by the learned counsel for the petitioner that the petitioner is similarly situated with that of Sukhwinder Singh. He is a signatory to the agreement to sell which is entered to defraud the complainant for which the vendor received Rs.50 lacs. Moreover, even the bail application of accused-Manjinder Singh has already been dismissed by this court vide order dated 01.05.2009 passed in CRM No. M 11135 of 2009. The bail application of Gurbhej Singh and Gurbinder Singh is also dismissed by this Court's order of even date passed in CRM No. M 19422 of 2009. The allegations require custodial interrogation. Learned counsel for the petitioner fail to make out any special case under Section 438 Cr.P.C. for grant of anticipatory bail. Dismissed. (Nirmaljit Kaur) Judge January 21, 2010 mohan