KULWANT SINGH AND ANOTHER Vs. STATE OF PUNJAB
LAWS(P&H)-2013-2-752
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 22,2013

Kulwant Singh And Another Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.)Petitioners-Kulwant Singh and Gurmej Singh sons of Sucha Singh, have directed the instant petition for the grant of regular bail in a case registered against them along with their other co-accused, by means of FIR No.77 dated 23.06.2012, for the commission of offences punishable under Sections 420, 465, 467, 468, 471 and 120-B IPC, by the police of Police Station Mamdot, District Ferozepur, invoking the provisions of Section 439 Cr.P.C.
(2.)Tersely, the prosecution claimed that the petitioners-accused are owner of 31 Kanal 7 Marla of land, situated at village Nihala Kilcha. They entered into an agreement to sell the land dated 13.07.2011 with complainant-Harmit Singh son of Kaka Singh (for brevity "the complainant") and his brother Gurvinder Singh, for a total consideration of Rs.22,50,000/- per acre. They have also received an amount of Rs.20 lacs from them as earnest money in the presence of PWs Mohinder Singh and Nishan Singh. The sale-deed was to be executed on or before 28.12.2011. It was claimed that the complainant and his brother were present, but the petitioners-accused did not turn up for registration of the sale-deed in the office of Sub-Registrar, in order to cheat them and misappropriate their amount. According to the complainant that prior to execution of agreement to sell dated 13.07.2011 in their favour, the petitioners-accused had already executed an agreement to sell dated 31.05.2011 in favour of Mohinder Singh etc., without disclosing this fact to them.
(3.)Levelling a variety of allegations and narrating the sequence of events in detail, in all, the complainant claimed that the petitionersaccused have cheated them, commit fraud and misappropriated the amount of Rs.20 lacs of earnest money. In the background of these allegations and in the wake of complaint of the complainant-Harmit Singh, the present criminal case was registered against the petitionersaccused, in the manner depicted hereinabove.


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