Petitioner sought pre-arrest bail in a fraudulent sale case. Court dismissed the plea due to evidence of selling the same house to multiple parties, deeming no extraordinary circumstances existed for bail before arrest.
Pre-arrest bail application dismissed, leaving petitioner's right to apply for regular bail unaffected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 8743 of 2009 DATE OF DECISION 18.5.2009
Krishan Dev
......PETITIONER
VERSUS
State of Punjab
......RESPONDENTS
PRESENT: Mr. Jasjit Singh, Advocate Mr.Abhishek Chautala, AAG, Pb Mr. Subhjot Singh, Advocate.
M.M.S.BEDI,J.
The petitioner seeks the concession of pre-arrest bail in a case registered against him at the instance of Rajinder Singh alleging that the petitioner had sold his house to him on the false pretext that the house was free from all incumbrances.
Learned counsel for the complainant has put in appearance to inform that the petitioner had mortgaged the house in dispute to ICICI Bank, Ludhiana but the mortgage had not been recorded in the office of Sub Registrar. The petitioner has received a sum of Rs.2 lacs from the complainant and handed over the possession of the house.
In view of the fact that the petitioner has handed over the possession of the house to the complainant on receipt of full consideration amount, the petitioner could have been granted the concession of prearrest bail but the fraudulent conduct of the petitioner that he had also entered into an agreement with Nanak Chand regarding the same house on receipt of the earnest money of Rs. 2 lacs, is a strong point about the intention of the petitioner to play fraud qua different people.
In view of the above said conduct of the petitioner, no extra ordinary exceptional circumstances exist for the grant of pre-arrest bail to the petitioner.
Dismissed.
However, this order will not prejudice the right of the petitioner in case he moves an application for regular bail.
May 18 ,2009 ( M.M.S.BEDI ) TSM JUDGE
Krishan Dev
State of Punjab
M.M.S Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
