- (1.) THIS order will dispose of the above noted two petitions i.e., CRM -M -44289 -2013 filed by Balwinder Singh and CRM -M -1896 -2014 filed by Kamaljit Singh, for the grant of pre -arrest bail in a case bearing FIR No.127 dated 15.12.2013, under Sections 406 & 420 of the Indian Penal Code, Police Station, Nurpur Bedi, District Rupnagar, registered at the instance of Sukhwinder Kaur widow of Shri Sukhwinder Pal Singh, alleging that the complainant had got land measuring 2 acres, 2 kanals and 5 marlas along with her son acquired through her in laws whereas the petitioner Balwinder Singh and Kamaljit Singh had got this land transferred in their names by playing a fraud. The land is worth Rs.50 lacs per acre. She was promised that in exchange of her land the petitioners would give her commercial plots and 10 showrooms at Ropar and pay the balance amount. On asking of the petitioners, the complainant had submitted an application before a Court for obtaining permission to sell the land belonging to her son also. After obtaining permission, the petitioners connived and obtained her power of attorney in favour of Kamaljit Singh who transferred the land in the name of his mother and sons. They told the complainant that they would get the sale deed registered in her name and in the name of her son in exchange for the said land. However, when the complainant approached the petitioners for getting the sale deed registered in her name they delayed the matter and did not give her anything despite the fact that land measuring 2 acres, 2 kanals and 5 marlas was worth crores of rupees.
(2.) SO far as petitioner Kamaljit Singh is concerned, the allegation against him is that he had got the sale deed registered in favour of his mother Gurdev Kaur and his sons on 27.3.2010, on the basis of power of attorney executed by the complainant in favour of Kamaljit Singh. She has alleged in the complaint that Balwinder Singh petitioner has got a sale deed registered by her of One Kanal land belonging to her in village Saini Majra in favour of one Dharampal and the amount obtained from said Dharampal has been misappropriated by Balwinder Singh. The possession of the land falling in the name of her son measuring 1 kanal has also been handed over to Dharampal and others and the amount due for the same has also been misappropriated.
(3.) SO far as Balwinder Singh is concerned, he had also allegedly threatened the complainant at the point of revolver that in case she makes a complaint regarding fraud or physical abuse, he would kill her, her son and other family members. The matter was enquired into by the Superintendent of Police, Rupnagar. A perusal of the proceedings of the police indicates that a compromise was arrived at between the complainant with regard to land measuring 2 acres 5 kanals with her in laws. The compromise was got effected through Balwinder Singh. Balwinder Singh had introduced Kamaljit Singh to the complainant and had taken part in the negotiations for sale of the property of Sukhwinder Kaur. Thereafter, Sukhwinder Kaur had given general power of attorney with regard to property falling to her share in favour of Kamaljit Singh on 8.12.2009. The house in which the complainant is residing at present is the plot which she had purchased with her own money and constructed a house. Balwinder Singh has claimed that the said plot had been purchased by him on 11.12.2009 and had constructed the house from the income which he had earned from his business and ancestral land. During enquiry Kamaljit Singh and Balwinder Singh got recorded their statements that Sukhwinder Kaur had given her power of attorney of the land falling in her share on 8.12.2009 and in return thereof she had obtained Rs.32.64 lacs on different dates from Kamaljit Singh. However Kamaljit Singh and Balwinder Singh have not been able to furnish any documentary evidence with regard to payment of Rs.32.64 lacs. They stated that Sukhwinder Kaur had sold the property belonging to her son Darshanpreet Singh after obtaining permission from the Court and in return for said land she had also obtained Rs.3 lacs in cash and a showroom measuring 200 sq. yards near Sahibzada Ajit Singh Academy, Rupnagar. The police recorded that when sale deed was registered in favour of Gurdev Singh, the money for sale deed executed by Sukhwinder Kaur was paid to the mother of Kamaljit Singh whereas at present market price of 1 acre land situated in the area is much more than the price of the plot measuring 200 sq. yards situated in Rupnagar which had been transferred in the name of his son by Kamaljit Singh. Learned counsel for petitioner Balwinder Singh Mrs.Baljit Mann, Advocate, has vehemently argued that the petitioner has been falsely implicated in the case with mala fide intentions. In order to doubt the credibility of the complainant, attention of the Court has been drawn to the driving licence of the complainant in which she has been shown as wife of Balwinder Singh. Adhar Card has been produced on the record indicating that she has shown herself as wife of Balwinder Singh on 15.6.2013. As per Anneuxre P7 issued by Punjab State Power Corporation Limited, Patiala, her status has been shown as wife of Balwinder Singh. It has been argued that the complainant in order to cover her misdeeds has also filed a complaint against petitioner Balwinder Singh under Section 376 of the Indian Penal Code alleging that Balwinder Singh had been raping her with a promise to marry her. It has been argued that though she has shown her status as wife of Balwinder Singh in various records yet in order to conceal the said fact she lodged a false FIR against the petitioner for offence under Section 376 of the Indian Penal Code. It has been argued that it was Balwinder Singh who had supported the complainant and helped her to manage the property but after receiving the benefit she has taken a false stand that she has been duped by Balwinder Singh. It is claimed that petitioner Balwinder Singh has joined investigation pursuant to the interim order and that it is not a case of any recovery. Petitioner Balwinder Singh has neither signed any sale deed or power of attorney nor he is a witness to any document executed by Sukhwinder Kaur and that he has been falsely implicated. It is claimed that it is only Kamaljit Singh who could be said to have misused power of attorney if any but petitioner cannot be attributed any role as it was Kamaljit Singh only who had been given power of attorney with regard to her share. It is claimed that the petitioner has been named in the FIR along with Kamaljit Singh to exert pressure on him and his family members so that they will not evict her from their house which has been illegally occupied by the complainant. The petitioner Balwinder Singh claims that the complainant has not been able to explain the source of income from where she has purchased the plot or raised construction. The complainant is an educated post graduate lady whose husband had committed suicide.;