Judgment:
Ram Chand Gupta, J.
Oral
This order will dispose of both the aforementioned petitions for anticipatory bail under Section 438 of Code of Criminal Procedure i.e. Crl. Misc. No.M-12954 of 2012 filed in FIR no. 32 dated 26.03.2012, under Sections 406/420/120B/382 IPC and Crl. Misc. No.M-13005 of 2012 in FIR no. 35 dated 30.03.2012, under Sections 306/506/120B IPC, both registered at police station Balachaur, District Shaheed Bhagat Singh Nagar.
I have heard learned counsel for the parties and have gone through the whole record including the impugned orders passed by learned Sessions Judge, SBS Nagar dismissing bail applications filed on behalf of the petitioner.
Brief allegations are that, Charan Singh (deceased) owned agricultural land in villages Sujjowal and Nanowal. He had been selling the said land in parts and received sale considerations. This fact was in the knowledge of present petitioner-accused and co-accused, Sohan Lal. Petitioner-accused used to run a barber shop. It was disclosed to complainant-deceased that petitioner-accused can introduce him to one Satpal Seth, resident of village Khurda, who used to double the money. Complainant-deceased came in his trap. Petitioner and co-accused visited the house of complainant and had told him to take Rs.5,00,000/- . The said Rs.5,00,000/- were paid by the complainant to them. However, later on they told him that they lost the same in gambling. On 02.03.2012, he again sold land for Rs.15,00,000/-. He was again allured by petitioner-accused and co-accused, Sohan Lal that now he should pay Rs.15,00,000/-, which will be doubled and his earlier loss would also be adjusted. He again paid Rs.15,00,000/-. Then he was again told to arrange Rs.22,00,000/- more. However, he reported the matter to police. However, till the date of the registration of FIR, no amount was paid to him.
It has been contended by learned counsel for the petitioner that it was a case of gambling and that, in fact, complainant lost money in gambling and that the petitioner has been falsely implicated in this case.
The present complaint was lodged on 26.03.2012 and complainant committed suicide on 30.03.2012 and son of deceased got recorded another FIR no. 35 dated 30.03.2012 under Section 306/506/120B IPC. He has stated that in the earlier case, petitioner and co-accused were absconding and no action was taken against them. Hence, his father was disturbed and took it to his heart and hence, he committed suicide. He was removed to Raja Hospital, Nawanshahr and however, later on he succumbed to injuries on account of the act of cheating.
There are very serious allegations against the petitioner-accused. Hence, he is not entitled for extra-ordinary relief of anticipatory bail.
Hence, without expressing any opinion on the merits of the case, both the aforementioned petitions for anticipatory bail filed by Raj Kumar @Raju @Kala are, hereby, dismissed being devoid of merit.
Interim order dated 04.05.2012 already granted in his favour in Crl. Misc. No.M-12954 of 2012 stands vacated.