Sawaraj Singh vs State of Punjab

Since both these regular bail applications under Section 439

Cr.P.C. have arisen out of the same very FIR bearing No.217 dated

23.09.2015 under Sections 420 / 465 / 467 / 468 / 471 / 120-B IPC pertaining to

Police Station Zirakpur, District SAS Nagar, are thus being taken up for

disposal together, for the sake of brevity.

Brief allegations, which have remained undisputed by the two

sides, are that during the years 2007 to 2011 the principal accused Mittal

Brothers had sold dwelling units under the name and style of Surya

Infrastructure and it is alleged that out of these 204 flats, 54 flats on the

basis of allotment letters were further sold after obtaining loan from IDBI

Bank.

The allegations against the petitioners Sawaraj Singh and

Gurmeet Singh are that they were brokers and had secured their

commission from the builders.

Contentions of the learned counsel for the petitioners are that

there is neither any specific role attributed to the petitioners much less

any documentary evidence to that effect and they have only in principle

introduced the principal buyers with the owners of the premises and that

both the petitioners are behind bars since 06.03.2017 and that nothing is

to be recovered from them.

The factual scenario could not be displaced by learned State

counsel, who in spite of the specific query by this Court as to the role of

the petitioners, could not bring about anything of serious consequence.

Keeping in view the period of detention, what has been

canvassed before this Court and without feeling necessity to advert on to

the merits of the case, the Court is of the view that further detention of

the petitioners is not warranted as the investigations and trial are not

likely to conclude in near future as it has been brought to the notice of

this Court that the principal accused are still absconding. Accordingly,

the petitioners are ordered to be released on regular bail on furnishing

heavy bail bonds to the satisfaction of Chief Judicial Magistrate/Duty

Magistrate, SAS Nagar, Mohali.

Both the petitions stand disposed off accordingly.