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2013 DIGILAW 478 (PNJ)

Darpan Jain v. State of Punjab

2013-04-10

Vijender Singh Malik

body2013
JUDGMENT Mr. Vijender Singh Malik, J.:- Darpan Jain, by way of Criminal Misc. No.M-6450 of 2013 and Gaurav Jain, by way of Criminal Misc. No. M-7627 of 2013 seek pre arrest bail in a case registered by way of FIR No.93 dated 10.12.2012 at Police Station Hariana, District Hoshiarpur for an offence punishable under section 420 of Indian Penal Code. 2. Learned senior counsel for the petitioners has submitted that Arpan Jain, brother of Darpan Jain is also an accused in this case and his petition for bail has been declined by this court. According to him, there is no role of Darpan Jain at all in the matter; neither in the matter of general power of attorney nor being a beneficiary of any transaction. According to him, four enquiries have been conducted in this case and in all the four enquries, petitioner Darpan Jain has been found innocent. According to him, his role is only of being a brother of Arpan Jain and nothing more than that. 3. Learned senior counsel has further submitted that on 9.11.2009, Bikram Singh, the complainant executed a general power of attorney in respect of 58 kanals of land in favour of Gaurav Jain, the other petitioner. According to him, simultaneously, an agreement of sale was also executed regarding which this general power of attorney was executed and got registered. According to him, the general power of attorney has been irrevocable because the sale price for the land had been received. According to him, on 25.6.2010, on the basis of the general power of attorney dated 9.11.2009, Gaurav Jain executed two sale deeds. According to him, the complainant became greedy and on account of greed cancelled the power of attorney on 15.4.2010. According to him, Gaurav Jain filed suit for specific performance, the plaint of which is Annexure P7. This was with regard to the agreement dated 9.11.2009. According to him, money was paid by way of cheques, but subsequently, the cheques were taken back and cash was paid. In this regard, he drew attention of the court to Annexures P9 to P15 which are signed by Gaurav Jain and Bikram Singh besides Arpan Jain and others. According to him, the question as to whether the receipts bear the signatures of Bikram Singh would have to be examined by the trial court in the light of the evidence coming on the record. According to him, the question as to whether the receipts bear the signatures of Bikram Singh would have to be examined by the trial court in the light of the evidence coming on the record. He has further submitted that the entire case depends on documentary evidence and all the documents are with the police. He has further submitted that in no manner, it can be said that the petitioners have committed the offence punishable under section 420 IPC. 4. Learned State counsel has submitted, on the other hand, that the petitioners have joined the investigation. According to him, the police has already recovered the power of attorney and the receipts and the custodial interrogation of the petitioners is not required for investigation of this case. 5. Learned senior counsel for the complainant has submitted that, in fact, total land was 72 kanals out of which 14 kanals of land was sold in the year 2009. According to him, regarding the remaining land, power of attorney was executed on 9.11.2009. According to him, no money was paid. According to him, if the amount would have been paid by way of cheques, the amount would have been shown in the bank accounts of the complainant to have been credited in his favour. He has not denied the power of attorney to be irrevocable. However, he has submitted that the power of attorney was cancelled on 15.4.2010 and not only this, Naib Tehsildar was also informed in this regard. According to him, there was no power of attorney in favour of Gaurav Jain on 25.6.2010 and, therefore, he had no right or authority to execute the sale deed on the said date. According to him, the agreement is also forged document. His submission is that the stamp paper for the agreement of sale is not even purchased in the name of Bikram Singh. He has submitted that the amount shown to have been paid by way of receipts is the price of the land sold earlier in the year 2009. According to him, he has no objection if bail is granted to Arpan Jain, who has no role in the matter. 6. It is a fact that irrevocable general power of attorney was executed by Bikram Singh in favour of Gaurav Jain. According to him, he has no objection if bail is granted to Arpan Jain, who has no role in the matter. 6. It is a fact that irrevocable general power of attorney was executed by Bikram Singh in favour of Gaurav Jain. The question as to whether agreement of sale of the same date is a forged document or a genuine document would have to be decided by the trial court after taking evidence. Even Gaurav Jain has filed a civil suit for specific performance of the agreement of sale. It will also be a question before the trial court as to whether the notice of cancellation of general power of attorney had been given to Gaurav Jain. 7. The case is based on documents. All the documents are stated to be with the police. As per learned State counsel, the petitioners have joined the investigation and their custodial interrogation is not required for investigation of this case. The receipts, Annexures P9 to P15, are not of the year 2009. They are of 15.4.2010 and, therefore, it cannot be said that this payment of a huge amount was there by Gaurav Jain to Bikram Singh on account of any land sold in the year 2009. 8. Looking to the nature of the dispute between the parties and the stage at which the investigation has reached, I do not find custodial interrogation of the petitioners to be required for investigation of this case. Hence, the petitions are allowed and the orders dated 5.3.2013 and 7.3.2013 passed by this court granting interim anticipatory bail to the petitioners in above mentioned two petitions, are made absolute. --------0.B.S.0------------