IMPORTANT POINT
Bail--Selling of property on basis of forged GPA by petitioner--Petitioner remained elusive all throughout investigation which was conducted by police--Facts reveal web of deceit in which not only complainant but presumably other persons also defrauded--Anticipatory bail declined.

Mahesh Grover, J.:- This is a petition under Section 438 of the Code of Criminal Procedure,1973 (for short, ‘the Cr.P.C.’) for grant of anticipatory bail to the petitioner in a case registered vide F.I.R.No.104 dated 20.5.2008 under Sections 419, 420, 467, 468, 471, 120-B of the Indian Penal Code,1860 (for brevity, ‘the I.P.C.’) at Police Station, Sector -3, Chandigarh.

2. According to the F.I.R., the allegations against the petitioner are that a company by the name of ATS Infrastructure Ltd. purchased land measuring 12 bighas 13 biswas out of land measuring 36 bighas 9 biswas situated in village Madhopur, Tehsil Dera Bassi, District Mohali vide a sale deed dated 30.9.2005 registered at the office of Sub Registrar, Dera Bassi. This land was shown to be in the name of Smt.Kamaljit Kaur wife of Pritpal Singh, (Col. Parampal Singh ?- Ed.) resident of House No.754, Sector 41-A, Chandigarh. The sale deed was executed on the basis of General Power of Attorney (hereinafter described as ‘the GPA’) dated 22.7.2005 registered at the office of Sub Registrar, Union Territory, Chandigarh. The total sale consideration was Rs.1,20,.17,500/- which was duly paid to the vendor. The possession of the land was delivered to the complainant-company and mutation was also sanctioned in its favour. Thereafter, the complainant received summons from the office of Collector, Sub Division, Dera Bassi in connection with some case filed by Smt.Kamaljit Kaur for the cancellation of mutation and for registration of a case on the ground that she had never executed GPA in favour of Pritpal Singh (petitioner) and that the same was a forged document.

3. A direct implication of this was that Pritpal Singh did not have the authority to sell the land which belonged to Smt.Kamaljit Kaur and since the GPA was forged, the complainant stood to lose both the land and the money as it had been duped on both the counts.

4. The petitioner, by way of the instant petition, has prayed that he deserves the indulgence under Section 438 of the Cr.P.C. as he is about 48 years old and is the founder of Gurdwara Gursagar Sahib near Sukhna Lake, Chandigarh. It has been further stated that in 1993, he had established Shiromani Sant Khalsa International Foundation (Regd.), Chandigarh with the sole purpose of serving the humanity by setting up of charitable hospital, Old Age Home, School for the welfare of the people. He has averred that he was appointed as Chairman of the Foundation and one Col.Inderjit Singh was appointed as its President. This foundation had land measuring 6.75 acres in village Madhopur,Tehsil Dera Bassi where a Gurdwara in the name of Tapisar was also established and the land adjoining the said Gurudwara was owned by one Ram Singh son of Hazara Singh, resident of House No. 639-B, Phase XI, Mohali. This land measured 36 bighas 9 biswas. The foundation decided to purchase the said land for the purpose of fulfilling its dream of welfare and service of humanity and in furtherance of the said decision, five agreements to sell dated 8.12.1997, 20.12.1997, 28.12.1997 and 12.1.1998 were entered into and a sum of Rs.6 lacs was paid to Ram Singh as earnest money. However, the foundation could not arrange the balance amount to be paid to Ram Singh, it requested its devotees and followers to give funds on interest free basis so that the land could be purchased. Col. Inderjit Singh, President of the foundation came forward and agreed that he along with his relative Col.M.S.Bajwa, his friend Ltd.Col. Parampal Singh and one Harish would give the money on interest free basis to the foundation for the purchase of the said land. However, it was decided inter se between them that the land would be registered in their names or in the names of their family members and as and when the foundation would have the money, the same would be returned back to them. Since Col. Inderjit Singh was the President of the foundation, it was decided that a new bank account would be opened in the