CRM-M- 24879 of 2011 1 In the Punjab and Haryana High Court, at Chandigarh. CRM-M- 24879 of 2011 Decided on Sept 21,2011 Amit Kumar and Dinesh Kumar --Petitioners vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.R.S.Rai,Sr.Advocate, with Mr.D.S.Brar,Advocate, for the petitioners Mr.A.S.Rai, D.A.G, Punjab Mr.Bhoop Singh,Advocate, for the complainant Rakesh Kumar Jain,J:(Oral) This is a petition for regular bail pending trial in a case registered vide FIR No.129 dated 04.8.2011, under Sections 406,420,467,468 and 120-B of the IPC at Police Station Sadar Ludhiana, District Ludhiana. At the threshold, learned counsel for the petitioners submits that now the FIR is only under Sections 420 and 120-B of the IPC as all other provisions have been deleted vide zimni No.10 dated 16.9.2011. The present FIR has been registered by one Prem Singh son of Jeet Singh. Learned counsel for the petitioners submits that Dheeraj Kumar, being the owner of the land in dispute entered into an agreement to sell dated 10.12.2010 with the complainant for a total consideration of `88 lacs. He appointed Lalit Kumar as his power of attorney holder on CRM-M- 24879 of 2011 2 06.11.2008 and received `22 lacs as earnest money. The date for execution of sale deed was 20.4.2011. However, it is alleged that on 8.11.2010, Dheeaj Kumar wrote a letter to Lalit Kumar showing his intention to revoke his power of attorney. It is alleged that power of attorney dated 06.11.2008 was ultimately revoked by Dheeraj Kumar on 17.2.2011 and on the same day, he executed another power of attorney in favour of Amit Kumar and Aman Sharma. On the strength of the said power of attorney, the sale deed was executed by them on 07.3.2011 in favour of M/S Dev Builders and Colonizers and money was paid. Learned counsel has submitted that the petitioners are in custody since 04.8.2011 but the challan has not been presented. He further submits that since no earnest money was taken by the petitioners, therefore, they are being unnecessarily incarcerated in custody. In reply, Mr.Bhoop Singh, learned counsel for the complainant has though admitted that the complainant had entered into an agreement with Lalit Kumar, erstwhile the GPA of Dheeraj Kumar and paid `22 lacs to him but the said GPA was signed by Dinesh Kumar (Petitioner No.2) who had the knowledge about that transaction. He further submits that father of Dheeraj Kumar is the maternal uncle of Amit Kumar and Dinesh Kumar sons of Vijay Kumar, and in order to frustrate the agreement with the complainant, Dheeraj Kumar sold the land in dispute to M/S Dev Builders and colonizers. He further submits that there were two cases registered against Amit Kumar and his father Vijay Kumar and Dinesh Kumar. Learned counsel for the petitioners on instructions received from his client who is present in Court has submitted that those matters CRM-M- 24879 of 2011 3 have already been compromised and quashed by the Delhi High Court. However. this fact is not accepted by Mr. Bhoop Singh who states that compromise has been entered into between the parties but the FIR has not yet been quashed. Learned counsel for the State submits that the petitioners have cheated the complainant as well as the State, therefore they do not deserve the concession of bail. It is a case where the agreement to sell was admittedly entered into by Lalit Kumar (GPA) an amount of `22 lacs was paid as earnest money by the complainant to him. Prima facie, no agreement has been entered into by the complainant with Amit Kumar or Dinesh Kumar and no amount much-less the earnest money has ever been paid to them. Therefore, there is no prima facie act of fraud by the petitioners with the complainant on the basis of which the present FIR has been registered. Taking into consideration all the facts and circumstances of the case but without making any observations on the merit, the present petition is allowed and the petitioners are directed to be released on bail on their furnishing bail bonds to the satisfaction of the learned trial Court. Sept 21,2011 (Rakesh Kumar Jain) RR Judge