Crl. Misc. No. M- 35009 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 35009 of 2010 (O&M) Date of Decision: December 2, 2010 Rajinder Kaur ........Petitioner Versus State of Punjab ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present : Mr. R.S. Bassi, Advocate, for the petitioner. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.55 dated 19.4.2010, under Sections 419,420,467,468,471,120-B of Indian Penal Code, registered at Police Station Morinda, District Roopnagar. The contents of FIR as reproduced in para 1 of the petition read as under :- “To The S.S.P. Sahib, S.A.S. Nagar, Mohali. Subject: Regarding fraud done by Property Dealer Charanjit Singh resident of Marauli Kalan, District Roopnagar, Gurmit Singh son of Shri Randhir Singh, resident of Village Marauli Khurd, District Ropar and in connivance with Rajinder Kaur wife of Shri Kirpal Singh. In reference to above, it is requested that on dated 15.02.2007 Surjit Singh resident of Village Surtapur, District Roopnagar came to me and he told Crl. Misc. No. M- 35009 of 2010 (O&M) 2 me that some land near Morinda is lying for sale. I went Morinda along with him, where he got me met with one property dealer namely Charanjit Singh and both of me took in Village Marauli Khurd (Morinda) where they shown me land measuring 54 Kanals 14 Marlas, value of which was told by them at Rs.15 lakhs per Acre. After selecting the land I asked to negotiate the rates of the land. They asked me to bring the token money (Biana), and then the rate will be negotiated, because party is in dire necessity of money (amount). I, after taking Rs.6,25,000/- (Rupees six lacs twenty five thousand only) with me on dated 21.02.2007 and also too one my known person Shri Ram Dayal son of Shri Nakhu Ram, resident of Village Dhanaula, District Roopnagar and also took above said Surjit Singh resident of Surtapur and reached in Morinda Tehsil Complex, where a woman along with one Sikh person was sitting. Charanjit Singh introduced the Sikh person as Gurmit Singh and the adjacent sitting woman as wife of Gurmit Singh Dalbir Kaur. Then the rate of above said land was fixed at Rupees twelve and half lakhs per acre. During this Charanjit Singh had shown me Fards (Jamabandies) of the land, after seeing which I asked them to write down the agreement. Upon which these Charanjit Singh etc. went Kharar Tehsil and brought a written agreement themselves, in which Khewat/Khatauni No.217/248, Khasra No. 27//13/2 (4-12) 18 (8-0) 23/1(1-16) 255(0-2) 27//19/2(4-0) 20/1/1(2-10) 21(8-0) Crl. Misc. No. M- 35009 of 2010 (O&M) 3 22(8-0), 33//10/3/1(1-15) 27//20/3(2-0), 33//1/1/(6-0) 1/2(2- 0) 10/2(1-4) total land measuring 54 Kanals 14 Marlas, 1/4 share of which comes to 13 Kanals 13 Marlas, situated at Village Marauli Khurd, Hadbast No.249, Tehsil Chamkaru Sahib, District Roopnagar was mentioned. Charanjit Singh handed over to me the agreement after obtaining signatures and I gave Rs.6,00,000/- (Rupees six lacs) as token money and Rs.25,000/- as a commission in the presence of witness Ram Dayal and Surjit Singh and returned to my home. A women met us there, who told her names as Dalbir Kaur and said that this land is of her and she is Dalbir Kaur infact. She told that Gurmit Singh is her husband who lives with another woman after deserting her. She also had shown some documents to us, after seeing which we came to know that I have been defrauded and whole this fraud has been committed by above said Charanjit Singh only, because Charan Singh had received whole amount and he did impersonate the above said lady as Dalbir Kaur. Therefore, it is requested to your goodself that a case of fraud be registered against above said Charanjit Singh and whole amount grabbed by him in connivance with above said persons be got recovered. You shall be very grateful to us. With thanks. Yours faithfully, Balwinder Singh son of Shri Ram Singh, resident of Village Thalli Khurd, Post Office Dhanauli, Tehsil and District Roopnagar. Mob.9463090764. Dated 14.1.2010.” Crl. Misc. No. M- 35009 of 2010 (O&M) 4 After hearing learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out. The allegations levelled against the petitioner are serious in nature. Petitioner is alleged to have impersonated as Dalbir Kaur at the time of execution of agreement to sale. Petitioner might be required for custodial interrogation. Dismissed. (SABINA) December 2, 2010 JUDGE Anand