`IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 95 of 2009 Date of decision: 12.5.2009 Rajinder Singh …Petitioner Versus State of Punjab …Respondent Present: Mr AK Walia, Advocate for the petitioner. Mr Sudhir Nehra, Addl AG Punjab. Mr AS Sullar, Advocate for the complainant. S.S.SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 11.12.2008. The FIR has been registered on the complaint of Manjit Singh who has complained regarding receipt of money through fraud by the accused persons. It is submitted by the complainant that Jasvir Singh and the petitioner (Rajinder Singh) were posted in 36 Battalion Patiala. The said accused namely Jasvir Singh and the petitioner had obtained Rs 5.00 lakhs from the complainant for selling their plot to him. They showed him the plot but the said plot was not in his name. The said accused persons had received money through fraud. Learned counsel for the petitioner contends that the amount of Rs 5.00 lakhs was received by Jasvir Singh who had made a statement before this Court that he shall refund the said amount of Rs 5.00 lakhs. It is submitted that the petitioner was merely a by-stander and has nothing to do with the alleged fraud. It is submitted that the petitioner is a Constable Cr Misc M- 95 of 2009 2 whereas Jasvir Singh is an ASI in the Police. Therefore, the petitioner is only a subordinate and has nothing to do in this regard. Learned counsel for the State and the complainant submit that the petitioner actively participated in the fraud of Rs 5.00 lakhs. It is submitted that Jasvir Singh had set up an agreement in which he showed that he had agreed to purchase one plot from Balkar Singh. In fact, there is no person by the name of Balkar Singh and neither is any plot shown to be owned by him. During investigation, it has come on record that the petitioner – Rajinder Singh had signed the agreement as Balkar Singh who is a non-existent person. After giving my thoughtful consideration to the matter, in my view, there are allegations of fraud committed in the case by Jasvir Singh and Rajinder Singh (petitioner). The petitioner is alleged to have taken Rs 5.00 lakhs from the complainant for sale of a plot. However, there was no plot which could be sold. The agreement which Jasvir Singh had shown regarding the entitlement to the plot during the course of investigation has been found to have been signed by Balkar Singh and the petitioner is alleged to have signed as Balkar Singh. The co-accused of the petitioner namely Jasvir Singh had agreed to refund the amount of Rs 5.00 lakhs which admittedly has not been refunded and his connected petition bearing Criminal Misc M-818 of 2009 which was listed for hearing today has been dismissed for non-prosecution. Keeping in view the aforesaid facts and circumstances, no ground for pre-arrest bail is made out. Dismissed. 12.5.2009. ( S.S.SARON ) ASR Judge