- (1.) By this common order, Crl. Misc. Petitions viz. CRM M- 38345 of 2012 and CRM M-38607 of 2012 are being disposed of as the same arise out of FIR No. 23 dated 09.11.2012, Police Station Vigilance Bureau, Patiala.
(2.) CRM M-38345 of 2012 by petitioner-Vikas Garg, IAS, Formerly Deputy Commissioner-cum- District Collector, Patiala and CRM M-38607 of 2012 by petitioners-Yashpal Aggarwal and Devinder Singh Sandhu have been filed under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail in case FIR No.23 dated 09.11.2012, under Sections 409, 420, 467, 468, 471, 120-B of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, registered at Police Station Vigilance Bureau, Patiala.
(3.) The contents of the FIR in question are reproduced as under:- "The Government had directed the Commissioner, Patiala Division, Patiala to hold an inquiry with regard to the sale deed in respect of Kothi No.9, situated Rambagh, Rajwaha Road, Patiala duly registered with the office of Sub Registrar, Patiala, vide No. 15901 and 15902 dated 14.10.2011, who in his inquiry report raised the suspicious finger towards the role of the then Patwari posted at Patiala, Kanungo, Naib Tehsildar, Deputy Commissioner and former Commissioner, Patiala Division, Patiala and had written to the Government for getting conducted the inquiry from Vigilance Bureau for favour of thorough probe whereupon the vigilance inquiry no.1 dated 20.6.12 was registered against District Patiala's officers and officials of Revenue Department and others. Consequent upon inquiry, it has been found that the owner of Khasra No. 104 was Kanwar Brijinder Singh, out of the said area, some part thereof was sold by Kanwar Brijinder Singh to Government of India (Department of Post & Telegraph) and to some other private persons. In the year 1958, after the death of Kanwar Brijinder Singh, the remaining property pertaining to Khasra No. 104 was transferred in the name of his son Kiraninder Singh and his daughters and out of the said khasra, Kiraninder Singh has sold the land time to time to various private persons. Now the land (5950 square yards) regarding which Kiraninder Singh had finalized a deal/agreement to sell with N.P. Singh, Yagpal Aggarwal and Devinder Singh Sandhu, was not of Kiraninder Singh rather the said area pertains to Khasra No. 103, which is government land and the said area was falling therein. From the demarcation done on 3.8.12, it has become clear that Kiraninder Singh has no vacant land in khasra no. 104. Thereafter, Kiraninder Singh with regard to sell the said property executed the General Power of Attorney and Special Power of Attorney in favour of Ravdeep Singh and Jaswant Singh, who were the persons of the vendee but th eland for sale being public land and due to presence of the government office therein; the registry of the said land could not be registered. On 14.2.11 Kiraninder Singh got the power of attorneys cancelled and the concerned were intimated. Shri Deepinder Singh, the then Deputy Commissioner while complying with the orders passed by Hon'ble Punjab & Haryana High Court, having passed the self contained order dated 22.3.11 observing the land in dispute a part of Khasra No. 103 dismissed the claim of the vendee and refused to register their deeds. Jaspal Aggarwal etc. filed the revision petition in the court of Commissioner, Patiala Division, Patiala against the orders of the Deputy Commissioner. The Commissioner, Patiala vide orders dated 13.4.2011 stayed the aforesaid orders dated 22.3.2011 of the Deputy Commissioner, Patiala. The vendee/GPA/SPA knowing well that the said land has been declared as public land vide orders dated 22.3.2011 passed by the Deputy Commissioner, Patiala and the appeal against the said orders was pending in the Court of the Commissioner, Patiala Division, Patiala. The ownership of the land is in dispute and they had sent the notices to Kiraninder Singh not to receive the payments of the cheques. Despite all of that, they having got registered the sale-deeds in their favour have usurped the public land. As and endeavour to get the sale-deeds registered, earlier they had submitted the deeds before Amardeep Singh Thinda, the then Tehsildar, Patiala but he refused to register the deeds. Immediately on Vikas Garg, IAS being posted as Deputy Commissioner, Patiala, the vendees started making e orts to get the sale-deeds registered. In the same series, on 07.10.2011, they submitted the sale-deeds of the aforeasid land before Naib Tehsildar Gurinder Singh Walia, who on 12.10.11 having prepared an official note regarding registration of the deed had sent the same to the Deputy Commissioner, Patiala. In this regard, Jasbir Singh, District Revenue Officer, Patiala having met Shri Vikas Garg, Deputy Commissioner, Patiala issued a letter dated 13.10.11 to Naib Tehsildar, Patiala/Jt. Sub Registrar, Patiala with regard to registration of the saledeeds. Naib Tehsildar, Shri Gurinder Singh Walia on 14.10.11 registered the deeds vide no. 15901 and 15902 and on 12.11.2011, the Naib Tehsildar with the collusion of Area Kanungo and the Patwari sanctioned the mutation. As such, the accused with their connivance under a conspiracy misappropriated the public land measuring 5950 square yards (market value worth Rs. 200-250 crores). By doing so, Sarv Shree N.P. Singh, Yaspal Aggarwal, Davinder Singh Sandhu, Ravdeep Singh, Jaswant Singh, Vikas Garg, IAS, Former Deputy Commissioner, Patiala, Rajbir Singh, Ex.D.R.O. Patiala, Gurinder Singh Walia, Naib Tehsildar, Patiala, Pritpal Singh, Kanungo and Suresh Kumar Patwari, Revenue Area, Patiala have committed an offence punishable under Sections 409, 420, 467, 468, 471, 120-B IPC and 13(1)(d) r.w. 13(2) P.C. Act 1988. Hence, the writing is being sent through Sr. Constable Mandeep Singh 1/17101RB to P.S. V.B. Patiala Range, Patiala for registration of case F.I.R against aforesaid accused under the aforesaid offence.";