Crl.Misc. No.M-18842 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-18842 of 2011 . Date of decision: July 15, 2011. Kirpal Singh. .. Petitioner VERSUS State of Punjab. .. Respondent CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Vaibhav Sehgal, Advocate, for the petitioner. Mr.Arshvinder Singh, Addl. A.G., Punjab. Mr.S.S.Majithia, Advocate, for the complainant. * * * M.M.S.BEDI, J (ORAL). Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Kashmir Kaur alleging that on the basis of agreement dated 28.06.2010, General power of attorney one Surinder Kumar non-applicant had executed an agreement of sale regarding the plot measuring 400 sq. yards and his wife Neelam Saggu received ` 5 lacs as earnest money from Kashmir Kaur. So far as petitioner Kirpal Singh is concerned, he along with Paramjit Saggu had attested the agreement of sale. It was subsequently found that general power of attorney vide which Surinder Kumar had sold the plot stood already cancelled on 27.12.2010 by the original owner Nirmal Singh. The petitioner is alleged to have conspired with . . . 1 Crl.Misc. No.M-18842 of 2011 Neelam Saggu and Paramjit Saggu and committed fraud and cheated complainant Kashmir Kaur. Counsel for the petitioner has vehemently contended that there is no specific allegation against the petitioner in the FIR. The petitioner had from the very beginning told the complainant that he did not have any plot available as desired by her. He is merely a signatory to the agreement of sale. So far as allegation against him regarding receipt of money is concerned, there is no evidence to that effect. It was Surinder Kumar, the main accused, who after having been arrested allegedly made a confessional statement to the police that he had share sum of ` 1 lac with the petitioner. After taking into consideration the facts and circumstances of this case and seeing the fact that the petitioner has joined investigation, interim order dated 21.06.2011, is hereby made absolute. It is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of arresting officer subject to following conditions: - (i) that the petitioner will join the investigation as and when required by the police; and (ii) that the petitiones will not tamper with the evidence or hamper the investigation, in any manner. (M.M.S.BEDI) JUDGE July 15, 2011. rka . . . 2