Shamsher Singh Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1139225
CourtPunjab and Haryana High Court
Decided OnApr-29-2014
AppellantShamsher Singh
RespondentState of Punjab and Another
Excerpt:
crm no.m-40252 of20131 in the high court of punjab and haryana at chandigarh crm no.m-40252 of2013decided on : april 29, 2014 shamsher singh ..........petitioner versus state of punjab and another ........respondents coram : hon'ble mr.justice m.m.s. bedi. present:- mr.malkeet singh, advocate for the petitioner. mr.neeraj yadav, aag, punjab. m.m.s.bedi, j. the petitioner became owner of the property sold by pal singh, on the basis of a registered sale deed dated 24.12.2007. pal singh had actually died on 26.01.1983 but the sale deed was executed and registered on 24.12.2007, by some impersonator of pal singh. counsel for the petitioner has submitted that the petitioner is not the beneficiary as per the registered sale deed. i have heard counsel for the petitioner and have gone through the record. it is apparent on the record that a sale deed has been executed by some impersonator of pal singh in favour of the petitioner but the photograph of jarnail singh has been affixed on the sale deed. it cannot be said that the petitioner is not the beneficiary on the basis of the registered sale deed which had been executed fraudulently. it is a case where custodial anjal gupta 2014.05.06 13:12 i attest to the accuracy and integrity of this document high court chandigarh crm no.m-40252 of20132 interrogation is required in order to determine the actual culprit responsible for the sale of property of a dead person by impersonating. it is not out of place to mention here that the role of the complainant-sukhdeep kaur, widow of baljit singh, also appears not to be above board. she does not seem to have any right title or interest in the property in dispute. she allegedly entered into compromise with the petitioner for which she had got no right. counsel for the petitioner further submits that if any right, title or interest has been bestowed upon the petitioner on the basis of the registered document, he is ready to waive of his right in that property. this plea may be a good ground for grant of regular bail but no extraordinary exceptional circumstances exist to grant the concession of pre-arrest bail. dismissed. (m.m.s.bedi) 29.04.2014 judge anjal anjal gupta 2014.05.06 13:12 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

CRM No.M-40252 OF20131 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-40252 OF2013DECIDED ON : April 29, 2014 Shamsher Singh ..........Petitioner VERSUS State of Punjab and another ........Respondents CORAM : HON'BLE Mr.JUSTICE M.M.S.

BEDI.

PRESENT:- Mr.Malkeet Singh, Advocate for the petitioner.

Mr.Neeraj Yadav, AAG, Punjab.

M.M.S.BEDI, J.

The petitioner became owner of the property sold by Pal Singh, on the basis of a registered sale deed dated 24.12.2007.

Pal Singh had actually died on 26.01.1983 but the sale deed was executed and registered on 24.12.2007, by some impersonator of Pal Singh.

Counsel for the petitioner has submitted that the petitioner is not the beneficiary as per the registered sale deed.

I have heard counsel for the petitioner and have gone through the record.

It is apparent on the record that a sale deed has been executed by some impersonator of Pal Singh in favour of the petitioner but the photograph of Jarnail Singh has been affixed on the sale deed.

It cannot be said that the petitioner is not the beneficiary on the basis of the registered sale deed which had been executed fraudulently.

It is a case where custodial Anjal Gupta 2014.05.06 13:12 I attest to the accuracy and integrity of this document high court chandigarh CRM No.M-40252 OF20132 interrogation is required in order to determine the actual culprit responsible for the sale of property of a dead person by impersonating.

It is not out of place to mention here that the role of the complainant-Sukhdeep Kaur, widow of Baljit Singh, also appears not to be above board.

She does not seem to have any right title or interest in the property in dispute.

She allegedly entered into compromise with the petitioner for which she had got no right.

Counsel for the petitioner further submits that if any right, title or interest has been bestowed upon the petitioner on the basis of the registered document, he is ready to waive of his right in that property.

This plea may be a good ground for grant of regular bail but no extraordinary exceptional circumstances exist to grant the concession of pre-arrest bail.

Dismissed.

(M.M.S.BEDI) 29.04.2014 JUDGE ANJAL Anjal Gupta 2014.05.06 13:12 I attest to the accuracy and integrity of this document high court chandigarh