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”