Laxmi Narain Mittal, J. - (1.) ACCUSED Gurmail Singh @ Gurmej Singh has filed this petition for anticipatory bail in case FIR No.225 dated 13.11.2011, under Sections 420 and 406 of the Indian Penal Code (in short - IPC), registered at Police Station City Moga, District Moga.
(2.) I have heard learned counsel for the petitioner and perused the case file. According to the prosecution version, the petitioner agreed to sell his land to the complainant vide agreement dated 10.06.2008 and received Rs.12 lacs as earnest money, but later on, the petitioner along with his co -accused, prepared an ante -dated agreement to sell in favor of his own brother Kashmir Singh.
(3.) EVEN if it be assumed that agreement in favor of petitioner's brother was not ante -dated, even then the petitioner committed fraud with the complainant inasmuch as the petitioner, already having entered into agreement to sell the disputed land to his brother, also entered into agreement to sell the same land to the complainant and received Rs.12 lacs from him without disclosing the alleged earlier agreement in favor of petitioner's brother.;