CRM.M 16847 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh. Decided on August 18,2009. Kuldeep Singh -- Petitioner vs. State of Punjab --Respondent. CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Sunil Bhardwaj,Advocate,for the petitioner Mr.K.D.Sachdeva, Addl.A.G.Punjab. Mr.G.S.Toor,Advocate,for the complainant. Rakesh Kumar Jain, J: (Oral) The petitioner has applied for anticipatory bail apprehending his arrest in case registered vide FIR No.122 dated 28.5.2009 under Sections 419,420,465,467,468,471,120-B IPC at Police Station, Barnala, District Barnala. The FIR has been registered on the statement of Kulwant Singh son of Karam Singh in which he has alleged that he had purchased 13 kanals 19 marlas of land vide sale deed No. 6042 dated 21.12.2005, 3 kanals 4 marlas of land vide another sale deed No.6041 dated 21.12.2005, situated in village Karamgarh, District Barnala and land measuring 35 kanal-1 marla vide sale deed No. 6050 dated 22.12.2005 situated in village Sanghera Tehsil Barnala. The aforesaid land was on lease with one Jaswant Singh alias Ghona resident of village Sanghera from 1.5.2006 to April 2009. Since he committed some irregularities in payment of lease CRM.M 16847 of 2009 2 money, therefore, the complainant decided to change the lessee. He went to the house of Jaswant Singh alias Ghona on 5.5.2009 to retrieve the keys of Motor but he flately refused. Then on 8.5.2009, he alongwith Daljit Singh son of Ajmer Singh, Tarlochan Singh son of Bakhtawar Singh, residents of village Manakwal, again went to the house of Jaswant Singh alias Ghona to obtain the keys from him but at that time, he was told that the aforesaid land has already been sold by Jit Singh resident of village Sanghera, Sukhpal Singh alias Pal resident of village Bhadder Wad, Kuldip Singh son of Mohinder Singh resident of village Kuthala and Gurmit Singh Mahant of village Thikriwal. He further came to know that Jaswant Singh alias Ghona connived with the aforesaid persons and sold his land to Lakhwinder Singh, Varinder Singh and Manpreet Singh sons of Joginder Singh son of Lal Dass, resident of Ablowal, District Patiala. It is pertinent to mention here that before coming to this Court, the petitioner had applied for anticipatory bail before the learned Addl.Sessions Judge, Barnala,which was dismissed on 17.6.2009. Learned counsel for the petitioner has argued that the petitioner has been granted interim bail by this Court and has also joined the investigation. It is submitted by the learned counsel for the petitioner that the petitioner is not a beneficiary as neither he is attesting witness, document writer nor the land has been registered in his name. On the contrary, learned State Counsel has argued that the allegations against the petitioner are very serious because by impersonating Kulwant Singh (complainant), his land has been sold in which the petitioner has actively participated. He further submits that as per the police file, Lakhwinder Singh son of Joginder Singh has stated that the petitioner CRM.M 16847 of 2009 3 accompanied various other persons at the time of agreement to sell and handing over the earnest money. Baldev Singh, Halqa Patwari has stated that the petitioner had come to him to obtain copies of revenue record of Kulwant Singh (complainant) of his disputed property. Madan Lal Deed Writer has stated that the petitioner was accompanied by various other persons at the time when the sale deed was scribed and there are statements of Pargat Singh and Raminder Singh with regard to extra judicial confession made by other persons in which a categoric role has been attributed to the petitioner. It is also argued by learned counsel for the State that Sukhpal Singh, Didar and Darshan Singh are already in custody. After hearing the learned counsel for the parties and keeping in view the seriousness of the offences, no exceptional circumstances is made out for grant of anticipatory bail. Hence the bail petition is hereby dismissed. However, it is made clear that any opinion expressed herein would not be considered as an expression on the merits of the case. Aug 18,2009 (Rakesh Kumar Jain) RR Judge