Cr.Misc. M 36728 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 36728 of 2009 Date of decision: 19.3.2010 Jasvir Kaur and others Petitioner vs. State of Punjab Respondent Present: Mr. Ss Swaich, Advocate. Ms. RK Nihalsinghwala, Addl.A.G.Pb M.M.S.BEDI,J. The petitioners seek the concession of pre-arrest bail in a case, registered at the instance of Surinderpal Singh alleging that petitioner No.1 had executed an agreement of sale of her house for a sum of Rs.20.50 lacs. The said agreement was executed on 7.6.2008. It is alleged that a total sum of Rs.14 lacs had been received by petitioner No.1 as earnest money but the sale deed was not executed on 8.1.2009. The agreement of sale is alleged to have been taken away by petitioner No.2 Shamsher Singh, husband of petitioner No.1 from the complainant on the pretext that petitioner No.1 was not well with a promise that the sale deed will be executed on or before 16.2.2009. Thereafter, again on 20.3.2009 Shamsher Singh had allegedly received a sum of Rs.1.00 lac on the pretext that he had to clear the loan amount of the bank and that the sale deed will be executed . Learned counsel for the petitioners submits that complainant is a property dealer and petitioner No.1 is still ready to execute the sale deed, as per the agreement of sale. It is vehemently urged that it is a case of civil liability and that a suit for specific performance has not been filed by the Cr.Misc. M 36728 of 2009 2 complainant in this case. After hearing learned counsel for the parties, I am of the opinion that there may be a civil dispute between petitioner No.1 and the complainant for having not honoured the agreement of sale but so far as allegations against Shamsher Singh petitioner No.2 for receiving money with a promise to execute the sale deed are concerned, no extra ordinary exceptional circumstances exist qua him for grant of pre-arrest bail. So far as petitioner No.3 Babu Singh is concerned, he happens to be the father of Shamsher Singh. Accordingly, the petition qua petitioner No. 1 Jasvir Kaur and petitioner No.3 Babu Singh is allowed and qua petitioner No.2 Shamsher Singh is dismissed. It is ordered that in case of arrest of petitioners 1 and 3, they will be released on bail to the satisfaction of the arresting officer subject to the condition that they will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. This order will remain operative till the presentation of challan. In case of presentation of challan, petitioners 1 and 3 will be required to furnish the fresh bail bonds to the satisfaction of the court concerned. Statement of learned counsel for the petitioners that petitioner No.1 is still ready to execute the sale deed in favour of the complainant, as per the rate prevalent in the year 2009 is recorded, as desired, for reference in future. March 19 ,2010 ( M.M.S.BEDI ) TSM JUDGE