- (1.) The crux of the facts & material, which needs a necessary mention, for the limited purpose of deciding the instant petition for anticipatory bail and emanating from the record, is that complainant Baljit Singh Gill son of Gurcharan Singh respondent No.2 (for brevity "the complainant") and petitioner Malkiat Singh Gill are real brothers. The complainant executed a registered General Power of Attorney (for short "the GPA") in the year 2000 in favour of petitioner for the purpose of managing the property. According to the complainant that in the month of November, 2010, petitioner proposed to sell the land in question, as the vendee was ready to give handsome consideration amount. The complainant agreed to his proposal, asked the petitioner to sell his share as well and deposit the consideration amount of his share in his account in the bank. In the meantime, their mother had also died. Consequently, the petitioner sold the land in question, vide registered sale deed dated 1.12.2010 (Annexure P4). It was claimed that the complainant asked the petitioner as to whether he has deposited his share of sale consideration in his account in the bank, but the petitioner and his son Nirmaljit Singh Gill kept putting him off on one pretext or the other. They did not deposit the amount of his (complainant) share in the bank, despite repeated requests.
(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the complainant claimed that petitioner did not deposit his share of sale consideration in his account in the bank and thus he misappropriated the indicated amount and cheated him. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioner and his son & co-accused Nirmaljit Singh Gill, by way of FIR No.1 dated 25.1.2012, on accusation of having committed the offences punishable under sections 406 and 420 read with section 34 IPC by the police of Police Station Punjab State Crime, SAS Nagar (Mohali), in the manner depicted here-in-above.
(3.) Having exercised and lost his right of bail before the Additional Sessions Judge, now the petitioner has preferred the instant petition for the grant of anticipatory bail in the present case, invoking the provisions of section 438 Cr.PC.;