Crl.M. No. M- 9345 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M. No. M- 9345 of 2009(O&M) Date of decision : 22.5.2009. ... Rajinder Kumar Jain and another ................ Petitioners vs. State of Haryana .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. D.D. Sharma, Advocate for the petitioners. Mrs. Neena Madan, Additional Assistant Advocate General, Haryana. ... K.C. Puri, J. (Oral) Petitioners- Rajinder Kumar Jain and Veena Rani Jain, have applied for grant of anticipatory bail in FIR No. 411 dated 22.11.2008 under Sections 406, 420 IPC, registered at Police Station Suraj Kund, District Faridabad. As per allegation of the prosecution, both the petitioners were the owners of plot measuring 271 sq. yards, situated in village Sarai Khawja, Tehsil and District Faridabad. Both of them executed agreement to sell the said plot on 13.12.1996 in favour of complainant- Anil Khanna. The total consideration was agreed to be Rs.2 lacs and whole of the amount was said to be paid to the Crl.M. No. M- 9345 of 2009 -2- petitioners at that time. It is further alleged that petitioners executed Power of Attorney in favour of Raj Chaudhary, for completing the formalities of sale deed. It is further alleged that both the petitioners executed Will on the same day, in respect of the plot in favour of the complainant. As per recital in the agreement, actual possession has been delivered to the complainant. It is further alleged that both the petitioners have transferred the plot in the name of Sobha Devi w/o J.R. Anand. Learned counsel for the petitioners has submitted that it is a case of civil nature and civil suit is pending between the parties and on that account, petitioners are entitled to the concession of anticipatory bail. Learned counsel for the petitioners has relied upon the authorities reported as Suresh vs. Mahadevappa Shivappa Danannava and another 2005 (2) RCR (Criminal) 29, Manisha Goyal vs. State of Punjab 2006 (1) RCR (Criminal) 162 and Arun Kumar and another vs. State of Punjab and another 2006 (3) RCR (Criminal) 793. It is further contended that amount of Rs. 2 lacs was returned orally by the petitioners to the complainant. Learned counsel for the petitioners has further submitted that agreement relates to the year 1996, i.e. more than 12 years ago and civil suit was filed in the month of November 2008. After filing of the reply, the present FIR has been lodged. So, prayer has been made for grant of anticipatory bail to the petitioners. I have carefully considered the submissions made by counsel for the petitioners, but I am unable to scribe to those submissions. In Crl.M. No. M- 9345 of 2009 -3- this case, whole of the consideration has been paid by the complainant. Even Will has been executed by the petitioners in favour of the complainant and General Power of Attorney has also been executed in favour of Raj Chaudhary. From the facts of the present case, agreement dated 13.12.1996 virtually amounts to sale deed and not right of ownership was left with the petitioners. So, far as authorities in Suresh's case (Supra), Manisha Goyal's case (Supra) and Arun Kumar's case (Supra), are concerned, these authorities are distinguishable to the facts of the present case, as in these cases only portion of amount has been given as earnest money, whereas in the present case, whole of the consideration has been paid. So, it cannot be said that no criminal liability is made out. Inspite of the fact that petitioners have taken a stand that amount has been returned, but that cannot be accepted without any documentary evidence. The delay is obvious, as it was a mere plot and the complainant has categorically stated that he was in possession. So, taking into account the totality of circumstances, no case for grant of extra ordinary relief of anticipatory bail to the petitioners is made out. Consequently, the petition stands dismissed. However, the observations made above are only for the purpose of deciding the bail application. ( K.C. Puri ) 22.5.2009. Judge chugh Crl.M. No. M- 9345 of 2009 -4-