Kapil Chechi v. State of Punjab

ANOOP CHITKARA, J. (ORAL) Pe22on for An2cipatory Bail under Sec2on 482 BNSS FIR No. Dated Police Sta!on Sec!ons 353 11.10.2024 City Kharar, District SAS 406, 420, 467 and Nagar Mohali 471 of IPC, 1860

¶1The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 482 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an!cipatory bail.

¶2In paragraph 13 of the bail pe!!on, the accused declares that he has no criminal antecedents.

¶3The fats and allega!ons are being taken from the translated version of the FIR, which reads as under:- FIR NO 0353, DATED 11.10.2024 P.S. KHARAR, DISTT S.A.S. NAGAR UNDER SECTION 406,420,467,471, IPC. Complainant-Manjit Kaur W/o late Sh. Karam Singh R/o Vill Abheypur, Tehsil Kharar, P.S. Sadar Kharanali MD Mis Bagar safed Jarnail Singh Bajwa S/o Late Sh. Bishan Singh R/o H.No.1002 and 1003 Sector 70, SAS Nagar Mohali MD M/s Bajwa Developers Ltd. Sunny Enclave Kharar, Tehsil Kharar, Dis2. SAS Nagar, Mohali, Kapil Chechi S/o Lal Chand R/o Adarsh Nagar, Derabassi, Tehsil Derabassi, Dis2. SAS Nagar Mohali, Sukhdev Singh Bajwa @ Sunny Director M/s Bajwa Developers Ltd Sunny Enclave Kharar S/o Jarnail Singh Bajwa, Tehsil Kharar, Dist. SAS Nagar Mohali, Bhupinder Singh Personal P.A. of Jarmail Singh Bajwa, M.D. M/s Bajwa Developers Ltd. Sunny Enclave Kharar, Tehsil Kharar, Dis2. SAS, The then concerned Halka Patwari of Vill. Jhungian, Tehsil Kharar, Hadbast No.29, Dis2. SAS Nagar, Mohali and The then concerned Sub Registrar Kharar, Dis2. SAS Nagar, Mohali. CIS NO. CRM-537-2024 U/S 156(3) CrPC Sh. Gurmehtab Singh, PCS judicial Magistrate First Class, This order will dispose of an applica@on / complaint filed by the complainant/ applicant under Sec@on 156(3) of Criminal Procedure Code for issuance of direc@ons to the respondents No.1 & 2 to registered the FIR under Sec@ons 406/420/467/468/471 of the Code of Criminal Procedure read with Sec@on 120-B of IPC against private respondent No.3 to 8, or to treat the present complaint. 2. In brief, the facts of the present applica@on/complaint are that the complainant is permanent resident of above said address. It is further submi2ed that the respondent no. 3 who is MD of M/s Bajwa Developers Ltd. enter into agreement to sell one showroom at SCO no.1112 measuring 62.22 sq. Yds. Situated at Hill View Market, Sector 125, Sunny Enclave Kharar through GPA respondent no. 4 to the complainant. That the respondent no. 3 to 6 in connivance with each other shown the site plan of the above said showroom as they was given assurance to the complainant that the said showroom is free from all encumbrances and there is no loan from any bank, agency or firm in the above said Khasra no. of the showroom. It is further submi2ed that the respondent no, 4 who is GPA of respondent no.3 and respondent 4 & 5 who also director, P.A and respondent no. 3 selling and purchasing the property in the name of firm namely M/s Bajwa Developers Ltd. It is further submi2ed that respondents no. 3 to 6 also given assurance to the complainant that there is no dispute with regard to the property of SCO no. 1112. It is per@nent to men@on here that the respondent no. 3 to 6 are also showing the complainant the map of the SCO no 1112 and they were saying to the complainant that the above said showroom is approved from GAMADA and also from Municipal Commi2ee Kharar. It is further submi2ed that the respondent no.4 who is GPA of respondent no.3 executed receipt of full and final payment of above said SCO with other proper@es vide receipt dated 07.04.2022 and executed the sale deed of above said SCO vide sale deed dated 06.09.2022. It is further submi2ed that aGer 4/5 months the complainant and his son namely Arvinder Singh came to know that the respondent no. 3 to 6 in connivance each other had commi2ed a fraud with the complainant by execu@ng the sale deed of above said SCO no. 1112 on the basis of false frivolous documents prepared by respondent no. 3 to 6 just with the mo@ve to grab the amount from the complainant. It is per@nent to men@on here that from the complainant came to know that the respondent no. 3 to 6 have executed a wrong sale deed of false and wrong khasra nos, of the land whereas the Khasra no of GPA, men@oned in the site plan, Khasra no. men@oned in the sale deed are totally different from each other. It is further submi2ed that the complainant scru@nizing the revenue record and came to know that Khara no qua the above said proper@es does not match with each other, It is per@nent to men@on here that respondent no. 3 to 6 have men@oned other khasra nos. in the a2orney and different Khara nos in regulariza@on cer@ficate issued by the local govt. and Khsra nos. of SCO no.1112 situated at Village Jhungian are different from the a2orney and registra@on cer@ficate, even the complainant was shocked when the complainant scru@nizing the Khara nos. men@oned the sale deed from where she came to know that the respondent no. 3 to 6 with the mo@ve to Cheat commit fraud with the complainant have men@oned different Khara nos. in different cer@ficate issued by the respondent no. 3 to 6. It is further submi2ed that while execu@ng the sale deed in favour of complainant the respondent no. 3 to 8 have not passed the site plan from the municipal commi2ee however the same was necessary as per the guidelines of the government that at the @me of executed sale deed the site plan of the SCO no. 1112 must have to be passed from the municipal commi2ee, but the respondent no. 3 to 8 violated the direc@on of the government and have cheated the complainant. It is further submi2ed that the SCO no. 1112 given by respondent no. 3 to 6 to the complainant is not depict in the original site plan of Hill View market, but the respondent no. 3 to 6 have shown false and fabricated site plan to the complainant where the said SCO 1112 has been shown adjoining to 200 G. road of Hill View Market. It is further submi2ed that respondent no. 3 to 6 use to commit got the innocent peoples by selling above said fabricated land to the innocent peoples and they have cheated number of peoples by commiJng fraud with them and lo2ed, grab crores of the rupees from innocent peoples. It is further submi2ed that while execu@ng the GPA/full and final receipt and execu@ng the sale deed in favour of complainant respondent no. 3 to 6 have full knowledge that they are preparing false and frivolous documents in favour of the complainant just with the mo@ve to grab the amount from the complainant and they have prepared all false document by men@oning the different Khasara no. of SCO 1112 and by showing different loca@ons of SCO no. 1112 on their fabricated and false site plan which is not match to the approved site plan and also different from site plan of municipal commi2ee Kharar, thus all these above men@on facts shows that the respondent no. 3 to 6 use to prepare false and frivolous document for the sale, of the property with the mo@ve to grab cores of rupees from different people and from complainant and in this way they have cheated and commit fraud with the complainant and also prepared false document and they are liable to punished as per law. It is further submi2ed that the complainant also came to know that the respondent no. 3 to 6 by commiJng the fraud with the complainant and peoples by alloJng the plots and SCO to the different peoples whereby these plots and SCO have already being mortgaged to the Punjab and Sind Bank, Branch Sector17, Chandigarh, even the plots and SCOs and NDC/ NOC issued by the respondent no. 3 to 6 are false and fabricated and land is already mortgaged with the Punjab and Sind Bank, Branch sector-17, Chandigarh and respondent no. 3 to 6 have already taken cores of Rupees as loan in the said property and even bank is going to sell these proper@es through E auc@on and even no@ce for E auc@on has already been issued by the Bank however, the people who were residing and constructed their houses and SCOs in these types of proper@es have no knowledge of E auc@on thus in this way the respondent no. 3 to 6 are commit fraud by preparing false and fabricated documents and in this way they have cheated the complainant by execu@ng the wrong sale deed and have received sum of Rs. 15,75,000/- from the complainant. It is further submi2ed that respondent no. 3 to 6 in connivance with revenue officials use to commit fraud with the innocent people by preparing false and frivolous document with the mo@ve to grab the money from the innocent people, it is further to men@on here that respondent no.3 has commi2ed a fraud with the number of peoples and he has sold some commercial as well as residen@al plots to different people and thereaGer respondent no. 3 has mortgaged the same land which he has sold earlier to the different people from the Punjab and Sind Bank. Branch Sector-17-B, Chandigarh and taken Rs. 18 Core has loan on the land of other peoples. ThereaGer many people have move different applica@on against the respondent no. 3 and on the complaint of Davinder Singh Ba2ra R/o House no. 169A Sector124, Sunny Enclave Kharar, Dis2 SAS Nagar Mohali, the police of the police sta@on of City Kharar has registered case against the Jarnail Singh Bajwa who is respondent no. 3 in the present complaint U/s 406/420 of IPC vide FIR NO. 158, Dated 24.05.2023 which shows that respondent no. 3 in connivance with respondent no.4 to 6 use to commit fraud with innocent peoples, just with the mo@ve to grab huge amount from the peoples, the inves@ga@on of the above said FIR is s@ll pending It is further submi2ed that the respondent no. 3 to 6 are commiJng fraud with number of peoples by alloJng the plots and showrooms from the chunk of land which has already been mortgaged with the Punjab and Sind Bank. It is important to men@on here that the above said property consis@ng of booths and SCO's as already been put to E auc@on by the bank which shows that respondent no. 3 to 6 are playing fraud with the complainant as well as the other peoples. It is further submi2ed that the respondent no. 3 alongwith respondent no. 4 to 6 are MD, Directors, Personal P A., are influence over the police as well as high officials therefore respondent no. 3 to 6 are con@nuously commiJng fraud with the complainant and other peoples due to high handedness, the police is not taken against respondent no. 3 to 6 despite the applica@on moved by complainant as well by his son Ravinder Singh and Ranbir Singh but respondent no. 3 to 6 are moving freely and complainant has every apprehension that the respondents no. 3 to 6 may caused lost to the complainant as well as to her family. 3.It is respecNully prayed that the direc@on may kindly be issued respondent no 1 to 2 for proper and fair inves@ga@on of the facts men@oned above and direc@on may kindly be issued to respondent no. 1 & 2 who conduct the proper and fair inves@ga@on of the fact men@oned above and direc@on may also be issued to respondent no. 1 & 2 to registered the FIR U/s 406/420/467/468/471 read with sec@on 120-B of IPC against private respondent no 3 to 8, or to treat the present complaint as complaint and proceed further as per law, in the interest of jus@ce. 4. Heard. File perused. Status report in the present case has been received. The applica@on discloses cognizable offences and police is leG with no other discre@on except to inves@gate and police is duty bound to proceed under Sec@on 154 Cr.P.C., even offence is commi2ed beyond jurisdic@on. Thus, concerned SHO is directed to record the informa@on as per the terms of Sec@on 154 Cr.P.C and further steps be taken as per law. Accordingly, present applica@on is Allowed and disposed off accordingly. 5. Copy of order be sent to SHO concerned for necessary ac@on. Further copy of FIR be placed on record within 7 days. 6. Applica@on under Sec@on 166-A of IPC for taking legal ac@on against SHO, P.S. City Kharar for knowingly disobeying the direc@on of law to the prejudice of the applicant for not registering an FIR against Jarnail Singh Bajwa and his accomplices of cognizable offences under Sec@ons 406, 420, 467, 471 of IPC has also been filed. Proceeding under Sec@on 166-A of IPC be registered separately as CRM. Concerned Ahlmad is directed to consign the file in record room. Pronounced in open court Dated: 05.10.2024 (Gurmehtab Singh) Judicial Magistrate 1" Class, Kharar/ PB0473 Upon receiving the orders, the case men@oned above was registered based on the specified offense, and the inves@ga@on process was completed. Copies of the FIR are being sent to the Area Magistrate Sahib at Kharar and senior officers via post. A telephonic no@fica@on is being sent to the Incharge Control Room, SAS Nagar. The original orders and the FIR have been handed over to ASI Harminder Singh, Badge Number 809/Mohali, for further ac@on. Instruc@ons have been issued to the police sta@on's record clerk to complete the necessary records."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family. Counsel for the pe!!oner has drawn a9en!on of this Court to paragraph 6 of the order dated 12.03.2025 passed in CRM-M-63489-2024 which reflects that en!re amount was offered to complainant but he refused to accept the same and said pe!!oner undertakes to deposit in trial Court.

¶5State counsel opposes the bail on instruc!ons. REASONING:

¶6Since the main accused already offered all alleged amount to complainant and on his refusal, undertakes to deposit in trial Court, in such a situa!on, no ground to refuse bail is made out. Pre-trial incarcera!on should not be a replica of post-convic!on sentencing. The evidence might be prima facie sufficient to launch prosecu!on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an!cipatory bail. An analysis of the above does not jus!fy custodial interroga!on or pre-trial incarcera!on.

¶7Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega!ons and the other factors peculiar to this case, there would be no jus!fiability for custodial interroga!on or the pre-trial incarcera!on at this stage. Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the pe!!oner makes a case for bail.

¶8Given above, provided the pe!!oner is not required in any other case, the pe!!oner shall be released on an!cipatory bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the Arres!ng Officer, and if the ma9er is before a Renu Bala Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Officer/Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶9While furnishing a personal bond, the pe!!oner shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the a9es!ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶10This order is subject to the pe!!oner complying with the following terms.

¶11The pe@@oner is directed to join the inves@ga@on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves@gator. The pe!!oner shall be in deemed custody for Sec!on 27 of the Indian Evidence Act, 1872/ Sec!on 23 of BSA, 2023. The pe!!oner shall join the inves!ga!on as and when called by the Inves!ga!ng Officer or any Superior Officer and shall cooperate with the inves!ga!on at all further stages as required. In the event of failure to do so, the prosecu!on will be open to seeking cancella!on of the bail. During the inves!ga!on, the pe!!oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶12The pe!!oner shall abide by all statutory bond condi!ons and appear before the concerned Court(s) on all dates. The pe!!oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶13In case the Inves!gator/Officer-In-Charge of the concerned Police Sta!on arraigns another sec!on of any penal offense in this FIR, and if the new sec!on prescribes a maximum sentence that is not greater than the sec!ons men!oned above, then this bail order shall be deemed to have also been passed for the newly added sec!on(s). However, suppose the newly inserted sec!ons prescribe a sentence exceeding the maximum sentence prescribed in the sec!ons men!oned above; then, in that case, the Inves!gator/Officer-In-Charge shall give the pe!!oner no!ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶14This bail is condi!onal, and the founda!onal condi!on is that if the pe!!oner indulges in any non-bailable offense, the State may file an applica!on for cancella!on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶15Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶16A cer!fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe!!oner can download this order along with case status from the official web page of this Court and a9est it to be a true copy. If the a9es!ng officer wants to verify its authen!city, such an officer can also verify its authen!city and may download and use the downloaded copy for a9es!ng bonds.

¶17Pe!!on allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of.

27.03.2025 ( ANOOP CHITKARA)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 103 CRM-M-16834-2025 Date of decision: 27.03.2025 KAPIL CHECHI ...PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Navjot Singh, Advocate for the pe!!oner. Mr. Gurpartap Singh Bhullar, AAG, Punjab. ****