Criminal Misc. No. M-24630 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-24630 of 2008 Date of Decision: 19.1.2009 Radhey Lal …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.S. Rai, Senior Advocate with Mr. Gautam Dutt, Advocate for the petitioner. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for the State. Mr. N.S. Shekhawat, Advocate for the complainant. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to petitioner Radhey Lal in case FIR No. 345 dated 11.9.2008 registered at Police Station Sohna, District Gurgaon, under Sections 419, 420, 467, 468, 471 & 120-B IPC. One Yogesh Sharma had lodged a report that he was shown papers of land measuring 146 kanals 17 marlas which included sale deed, jamabandi, mutation and voter identity card. He found the papers to be correct and entered into an agreement to sell to purchase the land at rate of Rs.13,25,000/- per acre. Rashmi Seth pretended that she is owner of land and she has the authority to sell the same. It is averred in the FIR that Rs.1,00,00,000/- had been advanced as earnest money on Criminal Misc. No. M-24630 of 2008 2 9.9.2008 to Rashmi Seth and Surender Seth and a receipt was executed by them to this effect. The sale deed was to be executed on or before 10.9.2008. it is stated that Rashmi Seth and Surender Seth had not appeared before the Sub Registrar even though complainant, prospective purchaser, had purchased the stamp papers for Rs.8,81,000/-. A perusal of the impugned order reveal that name of the petitioners have been disclosed by Anil and Dinesh who were attesting witnesses to the receipts. They stated in their statements recorded under Section 161 Cr.P.C. that Rs.30,00,000/- have been taken out of the earnest amount by Radhey Lal, petitioner. Somebody had impersonated Rashmi Seth. Anil and Dinesh had identified her. Having wrongly identified the sellers, Anil and Dinesh are the main accused. How the statement made by Anil and Dinesh under Section 161 Cr.P.C. is admissible qua the petitioner? is a question which has been poised to counsel for the State. He has stated that except the receipt executed by Rashmi Seth. which has been identified by Anil and Dinesh, there is no other evidence available on the record except the statements recorded under Section 161 Cr.P.C. of Anil and Dinesh. A Co-ordinate Bench of this Court had granted interim pre- arrest bail to the petitioner on 22.9.2008. According to counsel for the State, on instructions from Ram Dayal, Sub Inspector, petitioner has joined investigation. Taking into consideration the fact that the petitioner has joined investigation and he has been granted interim pre-arrest bail by the Co- ordinate Bench of this Court, interim pre-arrest bail gratned to the Criminal Misc. No. M-24630 of 2008 3 petitioner vide order dated 22.9.2008 is affirmed. Petitioner shall apply for regular bail as and when report under Section 173 Cr.P.C. is submitted. The trial Court shall take into consideration the evidence gather in form of statements and documents shall decide the regular bail on merits. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge January 19, 2009 “DK”