High Court Punjab-Haryana High Court

Radhey Lal vs State Of Haryana on 19 January, 2009

Punjab-Haryana High Court
Radhey Lal vs State Of Haryana on 19 January, 2009
Criminal Misc. No. M-24630 of 2008                                    1




      In the High Court of Punjab and Haryana, at Chandigarh.

                   Criminal Misc. No. M-24630 of 2008

                      Date of Decision: 19.1.2009


Radhey Lal
                                                             ...Petitioner
                                 Versus
State of Haryana
                                                           ...Respondent

CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.

Present: Mr. R.S. Rai, Senior Advocate
         with Mr. Gautam Dutt, Advocate
         for the petitioner.

          Mr. S.S. Mor, Senior Deputy Advocate
          General, Haryana, for the State.

          Mr. N.S. Shekhawat, Advocate
          for the complainant.


Kanwaljit Singh Ahluwalia, J. (Oral)

The present petition has been filed under Section 438 Cr.P.C.

for grant of pre-arrest bail to petitioner Radhey Lal in case FIR No. 345

dated 11.9.2008 registered at Police Station Sohna, District Gurgaon,

under Sections 419, 420, 467, 468, 471 & 120-B IPC.

One Yogesh Sharma had lodged a report that he was shown

papers of land measuring 146 kanals 17 marlas which included sale

deed, jamabandi, mutation and voter identity card. He found the papers

to be correct and entered into an agreement to sell to purchase the land

at rate of Rs.13,25,000/- per acre. Rashmi Seth pretended that she is

owner of land and she has the authority to sell the same. It is averred in

the FIR that Rs.1,00,00,000/- had been advanced as earnest money on
Criminal Misc. No. M-24630 of 2008 2

9.9.2008 to Rashmi Seth and Surender Seth and a receipt was executed

by them to this effect. The sale deed was to be executed on or before

10.9.2008. it is stated that Rashmi Seth and Surender Seth had not

appeared before the Sub Registrar even though complainant,

prospective purchaser, had purchased the stamp papers for

Rs.8,81,000/-.

A perusal of the impugned order reveal that name of the

petitioners have been disclosed by Anil and Dinesh who were attesting

witnesses to the receipts. They stated in their statements recorded

under Section 161 Cr.P.C. that Rs.30,00,000/- have been taken out of

the earnest amount by Radhey Lal, petitioner. Somebody had

impersonated Rashmi Seth. Anil and Dinesh had identified her. Having

wrongly identified the sellers, Anil and Dinesh are the main accused.

How the statement made by Anil and Dinesh under Section

161 Cr.P.C. is admissible qua the petitioner? is a question which has

been poised to counsel for the State. He has stated that except the

receipt executed by Rashmi Seth. which has been identified by Anil and

Dinesh, there is no other evidence available on the record except the

statements recorded under Section 161 Cr.P.C. of Anil and Dinesh.

A Co-ordinate Bench of this Court had granted interim pre-

arrest bail to the petitioner on 22.9.2008. According to counsel for the

State, on instructions from Ram Dayal, Sub Inspector, petitioner has

joined investigation.

Taking into consideration the fact that the petitioner has joined

investigation and he has been granted interim pre-arrest bail by the Co-

ordinate Bench of this Court, interim pre-arrest bail gratned to the
Criminal Misc. No. M-24630 of 2008 3

petitioner vide order dated 22.9.2008 is affirmed. Petitioner shall apply

for regular bail as and when report under Section 173 Cr.P.C. is

submitted. The trial Court shall take into consideration the evidence

gather in form of statements and documents shall decide the regular bail

on merits.

With the observations made above, the present petition is

disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
January 19, 2009
“DK”