Criminal Misc. No.M-1211 of 2010 v. State of Punjab

Mr. R.S. Bajaj, Advocate for the petitioners. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties., The petitioners seek pre-arrest bail in a case registered against them for the offences under Sections 323, 452, 447, 511, 148/149 IPC. The FIR in the case has been registered on the statement of Sikandar Lal Bhalla. It is submitted that he is a resident of Bashirpura, Jalandhar and his house is situated at Hari Singh Di Chakki, Bashirpura, Jalandhar. His family lives at Hoshiarpur. While he was serving the Punjab State Electricity Board he had purchased the said house. He had gone to Hoshiarpur to meet his son and for getting medicines. He got ill there and could not return for some days. When he came back he found that someone had broken the lock of his house and put his own lock. The grill was also broken. He came to know that Karnail Singh and Jarnail Singh sons of Balvir Singh (petitioners), residents of Kamal Vihar had broken the lock of his house and taken away the gas cylinder, burner and other articles. The Cr. Misc. No.M-1211 of 2010 [2] same was done with an intention to take possession of his house and they had put their locks on the house. For three-four days, the complainant had been running after the respectables but the petitioners threatened him that in case he went towards his house he would not be found. A day earlier to the registration of the FIR i.e. on 10.10.2009, the complainant after breaking the lock put by the petitioners entered his house. He found certain documents, articles and an amount of Rs.20,000/- in cash were missing. The almirah was lying open. In the meantime, Harnam Kaur with her two sons armed with sticks; besides Karnail Singh and Jarnail Singh (petitioners) armed with iron pipes as also Monu forcibly came and entered the house of the complainant. Harnam Kaur stated that the complainant should be killed and she would manage everything. Bhindi son of Harnam Kaur said that the complainant should be strangulated and hung on the fan. The complainant started begging before them. In the meantime, on hearing the noise Manjit Singh also came at the spot. All of them threw the complainant on the ground and started beating him with sticks and pipes. Harnam Kaur also gave a beating to the complainant. He suffered many injuries. The accused thereafter ran away from the spot along with their weapons. The cause of the dispute was that the complainant had purchased the house from Sardool Singh after making payment and registry of the same was with him. Ever since then, he was living in this house. Karnail Singh and Jarnail Singh (petitioners) were forcibly demanding a share in the house and Harnam Kaur was helping them. On account of the said reason, all the accused in conspiracy with each other had caused injuries with a view to take possession. Learned counsel for the petitioners had contended that Balvir Cr. Misc. No.M-1211 of 2010 [3] Singh, father of the petitioners had purchased a plot measuring 3 Marlas in Mohalla Bashirpura, Jalandhar from Sardool Singh on the basis of agreement to sell. Sardool Singh had also executed a registered general power of attorney dated 20.3.1996 in favour of Balvir Singh father of the petitioners. The petitioners were in possession of the house since its said purchase along with their father and mother, namely, Smt. Charanjit Kaur. The mother of the petitioners, namely, Smt. Charanjit Kaur became Deva ji and she renounced the world. Since sale deed of the house could not be executed and registered in favour of the petitioners, the complainant Sikandar Lal Bhalla approached the owner Sardool Singh for transfer of the house and cancellation of the general power of attorney in favour of Balvir Singh. It is alleged that on account of greed, Sardool Singh cancelled the power of attorney in favour of Balvir Singh on 7.10.1999. Before that Sardool Singh had executed a registered sale deed dated 22.7.1999 in favour of Sikandar Lal Bhalla (complainant). It is submitted that the petitioners had already been residing in that house and even when Smt. Charanjit Kaur, mother of petitioners expired on 26.1.2005 she was living in the house and in the cremation ground records the address of the present house was recorded. It is also submitted that petitioner No.2, Karnail Singh was also issued a certificate regarding his being a member of the Scheduled Castes on which the address of the present house in question is mentioned. In the registration certificate of the motorcycle also the address of the house in question is given. Besides, Charanjit Kaur had a life insurance policy in which the present house is mentioned as their address. As against this, it is submitted that the complainant is residing at Jalandhar City which is evident Cr. Misc. No.M-1211 of 2010 [4] from his PAN card and since the petitioners were in possession of the house, the complainant has adopted the present ploy to take possession of the house. In response, learned counsel for the State has submitted that the matter is being inquired into and recoveries are to be effected and made from the petitioners for which they are to join the investigation. It is submitted that the allegations against the petitioners are that they forcibly entered the house of the complainant, broke open the lock and committed theft; besides attempted to take possession. It is submitted that no arrest has been made till date and custodial interrogation is necessary for the investigation. After giving my thoughtful consideration to the matter, it may be noticed that the registered sale deed dated 22.7.1999 is admittedly in favour of the complainant. Sardool Singh the original owner of the house had revoked the power of attorney dated 20.3.1996 in favour of Balvir Singh-father of the petitioners by cancellation deed dated 7.10.1999. Besides, Balvir Singh, father of the petitioners is an attesting witness to the sale deed dated 22.7.1999 in favour of the complainant. There is a recital in the said sale deed that the purchaser Sikandar Lal Bhalla (complainant) had been put in possession of the house in question. According to the learned counsel for the petitioners, the signatures of Balvir Singh, father of the petitioners are in fact forged. However, this matter is to be investigated and inquired into by the Police. At this stage, it cannot be said that the signatures are forged. Therefore, the father of the petitioners having signed on the sale deed dated 22.7.1999 executed by Sardool Singh in favour of the complainant Sikandar Lal Bhalla as an attesting witness, it cannot be said Cr. Misc. No.M-1211 of 2010 [5] that the petitioners were in possession of the house. The documents set-up are to be considered by the investigating authorities and this Court at this stage is not to embark upon an inquiry into the same. Keeping in view the fact and allegations that the petitioners had attempted to forcibly enter the house of the complainant while he was away to Hoshiarpur to meet his son as also the fact that certain articles are missing from the almirah of the complainant; besides, the custody of the petitioners is required for carrying out the investigations, no ground for pre- arrest bail is made out. The criminal miscellaneous petition is accordingly dismissed. January 20, 2010. *hsp* (S.S. Saron) Judge