IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34702-2011 (O&M) Date of Decision:17.11.2011 Jasbir Singh …Petitioner Versus State of UT, Chandigarh …Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. Gagandeep Toni, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. This is a petition for grant of pre-arrest bail in a case registered vide FIR No.407 dated 06.09.2011, under Section 453 IPC at Police Station Sector 34, Chandigarh. The allegation against the petitioner is that he had broke upon the locks of Flat No.40-B, Sector 44-A, Chandigarh and has taken its illegal possession taking advantage of the absence of the complainant who is a widow and is in service away from Chandigarh. Learned counsel for the petitioner has submitted that he had purchased the flat in question from the complainant through her General Power of Attorney Ranjit Singh against a sum of Rs.30 lac. He has also submitted that a certificate has been issued by the Society indicating that the petitioner is residing in the flat in question for the last 3 years. I have heard learned counsel for the petitioner who has been repeatedly asked to show any prima facie proof of his ownership of the flat in question or of the payment having been made to Ranjit Singh, but no evidence, much-less prima facie, either brought on record or even shown during the course of hearing from which it could be ascertained that the petitioner is in lawful possession. Keeping in view the facts and circumstances of the case, I do not find it to be a fit case for grant of anticipatory bail because in that circumstance, it would be giving a license to a trespasser. Hence, the present application is dismissed. NOVEMBER 17, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE