NIRMALJIT KAUR,J - (1.) The present bail applications have been filed under Section 438 Cr.P.C. The petitioners apprehend their arrest in connection with F.I.R. No.581/2015 registered at Police Station Udai Mandir District Jodhpur for the offence under Section 406, 420, 467, 468 & 120 B IPC.
(2.) The allegations in the FIR are that the agreement was signed with the complainant for sale of 3000 sq. yard of land and in pursuance to the same Rs.2 lacs were handed over to Binja Ram. Thereafter, on 26.9.2011, another amount of Rs.25,33,000/ - were handed over. Subsequently, on 25.12.2011, a receipt was issued for a sum of Rs.1 lac and again on 23.1.2012, another amount of Rs.2 lacs were handed over to Binja Ram. Hence, a total amount of Rs.30,33,000/ - has been handed over for the purchase of three plots. The present petitioner Om Singh in bail application No.11026/2015 is a witness and petitioner Bhanwar Singh in bail application No.11027/2015 is the son of Binja Ram and they knew that the plots have already been sold way back in the year 2007. In spite of the same, they misled the complainant into entering an agreement with Binja Ram for a land which had already been sold. It is only now they have come to know about the cheating. Binja Ram has taken the total amount of Rs.30,33,000/ -. Neither is he able to execute the sale deed and nor is he returning the amount.
(3.) Learned counsel for the petitioner and the State have in fact pointed out that the land belonging to Binja Ram was acquired by JDA. In pursuance to the land acquired by the JDA, plots were to be allotted to Binja Ram. As per the agreement, a sale deed was to be executed only after the lease deed and the allotment letter. Neither the allotment letter and nor the lease deed has been issued till date by the JDA. Hence, the sale deed cannot be executed in view of the terms of the agreement to sell. Moreover, out of total land measuring 5575.41 sq. yard, only 2904.41 sq. yard land have been sold. Binja Ram has still a total 2671.41 sq. yard in his possession.;