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Judgment
S.S. Grewal, J.
This order of mine shall dispose of two bail applications for grant of anticipatory bail one on behalf of Kuldeep Singh, an Advocate, who according to the prosecution forged general power of attorney and on its basis entered into an agreement for sale of house in dispute on behalf of Jagbir Kaur and Charanjit Kaur with the complainant Surinder Kaur and Parmajit Kaur. The other petitioner is Anil Rishi, a property dealer through whom the said agreement for sale of the house was entered into. On the basis of the said agreement for sale Rs. Four Lacs Twenty Five thousand are alleged to have been paid as earned money by the proposed vendees to Kuldeep Singh petitioner. Out of the earnest money paid in this case Anil Rishi is stated to have received substantial amount in excess of the amount which normally a property dealer can get according to the prosecution.
The learned counsel for the parties were heard. On behalf of the petitioners it was mainly contended that the proposed vandees filed Civil suit for specific performance of agreement for sale as far as back on 29th of March, 1990. The said suit is pending and the main points of controversy between the parties shall be decided in the civil suit which would be binding upon the parties.
The allegations on the basis of which the present F.I.R. has been filed seems to be somewhat different in the instant case. According to the prosecution in the investigation it has been revealed that the power of attorney is a forged one and Kuldeep Singh could not legally alienate the suit property and he had received and cheated the complainant party to part with heavy amount of Rs. 4.25 lacs and that Kuldeep Singh merely held power of attorney to file ejectment proceedings against that tenant. It is true that civil suit with regard to specific performance of the agreement for sale is pending. However, there does not seem to be any bar at this stage for continuation of separate criminal proceedings. Kuldeep Singh petitioner is stated to have received substantial amount of earnest money on the basis of the power of attorney which according to the prosecution is a forged one. No ground for grant of anticipatory bail to Kuldeep Singh petitioner is made out and his application for grant of anticipatory bail is declined.
As far as Anil Rishi is concerned, he is a property dealer and is not a marginal witness of the alleged power of attorney in favour of Kuldeep Singh. He is only a marginal witness to the agreement for sale and the earnest money was allegedly paid to Kuldeep Singh. Anil Rishi petitioner is accordingly directed to be released on bail subject to his furnishing personal bond in the sum of Rs. 10, 000/ with one surety of the like amount to the satisfaction of arresting/investigating officer. However, Anil Rishi petitioner shall join the investigation as and when called upon by the police, shall not tamper with the prosecution evidence in any manner and shall not leave the country during the period of investigation. In case, Anil Rishi does not comply with any of the conditions, the prosecution would be at liberty to move for the cancellation of his bail. Anil Rishi petitioner would appear before the investigating officer within a week from today.
JUDGMENT accordingly.