M.M. Singh Bedi, J. - (1.) PETITIONER Pavittar Singh seeks the concession of pre -arrest bail in a case registered at the instance of Ravinder Kaur Gill wife of Harbans Singh. She has levelled allegations against Paramjit Singh, Amrik Singh, Jagsir Singh, Jagroop Singh and the petitioner for having played fraud wither after the death of her husband Harbans Singh who was the actual owner of a plot measuring 887 sq. yards. As per her allegations, the accused had got forged a sale deed in favour of non -petitioner Paramjit Singh purporting to have been signed by complainant's deceased husband Harbans Singh but the same could not be registered and the property could not be mutated. Thereafter the plot of Harbans Singh was got mutated in the name of her daughters. A forged power of attorney purported to have been given in favour of petitioner by complainant's daughter Jasvir Kaur and Manjit Kaur. On the basis of said fake power of attorney by producing two other ladies who personated as daughters of complainant before Sub Registrar, Dera Bassi, the property was sold by the petitioner in favour of Amrik Singh and Jagsir Singh etc. who further entered into an agreement of sale regarding the said property in favour of Sat Pal Sharma and Baldev Singh. After the property was purchased by Amrik Singh and Jagsir Singh, a power of attorney was got executed in favour of Paramjit Singh, co -accused on the same day.
(2.) COUNSEL for the petitioner has vehemently contended that the petitioner has been falsely implicated in the case on account of the fraud played by Paramjit Singh, his co -accused. It is claimed that the petitioner came in contact with Paramjit Singh and his brother Rana Ranjit Singh as. 32 bore revolver was got transferred to the petitioner by said Paramjit Singh and Rana Ranjit Singh. The petitioner has lodged an FIR against Paramjit Singh and Rana Ranjit Singh for playing fraud with him for selling him a fake revolver. Counsel for the petitioner submits that the petitioner came in contact with Paramjit Singh only in concern with the transaction of the revolver. It was Paramjit Singh who had got the power of attorney of Jasvir Kaur and Manjit Kaur daughters of complainant Ravinder Kaur executed in his favour. It is claimed that the petitioner never knew that Jasvir Kaur and Manjit Kaur had already died. Whatever action was done it was as per the plan of Paramjit Singh. The petitioner did not know the mischief played by Paramjit Singh. The petitioner was introduced to Jasvir Kaur and Manjit Kaur and their mother Ravinder Kaur by none else but by Paramjit Singh. Counsel for the petitioner has submitted that the bonafide of the petitioner is apparent from the fact that after having misused him for the purpose on the basis of a fake power of attorney of Jasvir Kaur, Manjit Kaur and Ravinder Kaur on October 12, 2010, on the same day within few minutes, the purchaser Amrik Singh, Jagsir Singh, Jugraj Singh etc. were made to execute a power of attorney in favour of Paramjit Singh indicating that it was Paramjit Singh who played the fraud without letting the petitioner know that he was being misused. I have heard counsel for the petitioner at length and gone through the facts and circumstances of the case. The main allegation against the petitioner is that he, on the basis of a fake power of attorney of Ravinder Kaur, Jasvir Kaur and Manjit Kaur (after the death of Jasvir Kaur and Manjit Kaur) sold their property in favour of Amrik Singh, Jagsir Singh etc. The entire story put -forth by the petitioner to claim that petitioner had himself been duped and misused by Paramjit Singh cannot be believed at this stage because the case of the prosecution is that the petitioner connived with Paramjit Singh in duping the complainant Ravinder Kaur, widow. The defence of the petitioner that he do not have any intention nor he committee any act to play fraud with the original owner of the property Ravinder Kaur, cannot be appreciated at this stage. His intention to cheat the complainant in connivance with the main accused Paramjit Singh and Rana Ranjit Singh, cannot be appreciated at this stage where the investigation is at initial stage. The investigating agency, on the basis of fair investigation, have to arrive at a conclusion whether the petitioner has himself been cheated or he actually conspired with the main accused Paramjit Singh in cheating Ravinder Kaur and depriving of her property. No ground is made out at this stage to grant the concession of pre -arrest bail to the petitioner.
(3.) DISMISSED .;