Allowed

Shalinder Singh v. State of Punjab

Punjab & Haryana HC28 Oct 2014CRM-M/24806/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted pre-arrest bail to the petitioner in a cheating case involving land sale fraud. The court noted a compromise was reached via the Mediation and Conciliation Centre, though possession of some land remained disputed, and imposed conditions for investigation participation and adherence to the settlement.

What did the court decide?

Pre-arrest bail granted subject to join investigation, not tamper with evidence, and abide by compromise terms.

Shalinder Singh Vs State of Punjab — Cheating and Forgery | Punjab & Haryana HC (2014)

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CRM-M-24806-2013 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-24806-2013 (O&M). Decided on: October 28, 2014.

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Shalinder Singh

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..... Petitioner(s)

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Versus

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State of Punjab

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..... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI

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PRESENT Ms.G.K.Mann, Advocate, for the petitioner.

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Mr.Ankur Jain, AAG., Punjab.

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Mr.B.D.Sharma, Advocate, for the complainant.

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M.M.S. BEDI, J (ORAL).

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Petitioner seeks concession of pre-arrest bail in a case registered at the instance of Satinder Singh alleging that the petitioner had entered into an agreement of sale of plot measuring 2200 sq. yards for a sum of Rs.56 lacs. The petitioner had approached the complainant and stated that he had taken a loan from the Punjab National Bank and his sale deeds were lying with the bank as such, he requested the complainant to deposit Rs.40 lacs in the bank so that he could get the sale deed released with a promise that he would execute the sale deed.

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Acceding to the request of the petitioner, the complainant deposited a sum of Rs.19 lacs on 18.6.2009 and another sum of Rs.21 lacs on 26.12.2009 in the account of the

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RAJ KUMAR ARORA 2014.10.29 17:56 I attest to the accuracy and authenticity of this document

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CRM-M-24806-2013 (O&M)

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petitioner. A writing was also executed to this effect on the back of the agreement of sale. Thereafter, an amount of Rs.10 lacs was received by Manjit Singh in the shape of cheque. Another sum of Rs.3 lacs was given by way of cash and a sum of Rs.10 lacs was paid through a cheque. The grievance of the complainant is that the petitioner had executed the sale deed of 975 sq. yards as the remaining land stood already sold to other persons vide different sale deeds as such, he was defrauded.

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During pendency of the present petition for prearrest bail, the matter has been compromised before the Mediation and Conciliation Centre of Punjab and Haryana High Court. As per the terms and conditions of compromise, another sale deed of 494 sq. yards has been executed in favour of the complainant party and another land measuring 200 sq. yards is to be transferred on return of Vijay Sharma from USA. It has been informed that sale deed of 200 sq. yards has not yet been executed in favour of the complainant who is however, in possession of it. The complainant present in the Court admits that possession of 200 sq. yards plot is with him.

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In view of above said circumstances, the petitioner can be granted concession of pre-arrest bail.

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The petition is allowed. It is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the following conditions: -

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(i) That he will join investigation as and when

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required;

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RAJ KUMAR ARORA 2014.10.29 17:56 I attest to the accuracy and authenticity of this document

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CRM-M-24806-2013 (O&M)

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(ii) That he will not tamper with the evidence or hamper investigation in any manner; and

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(iii) That he will abide by the terms and conditions of the compromise which has been arrived at before the Mediation and Conciliation Centre on 3.4.2014.

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(M.M.S. BEDI) JUDGE October 28, 2014. rka

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RAJ KUMAR ARORA 2014.10.29 17:56 I attest to the accuracy and authenticity of this document

Shalinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Shalinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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