Crl. Misc. No.M-18784 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-18784 of 2011 Date of Decision: August 10, 2011 Kikkar Singh and others …..Petitioners Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Sameer Sachdeva, Advocate for the petitioners. Mr.K.S. Sidhu, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) Petitioners seek concession of pre-arrest bail in a case registered against them at the instance of Naib Tehsildar alleging that the petitioners have illegally harvested the standing crops despite the fact that possession was with the complainant who had been appointed as receiver in proceedings under Section 145 Cr.P.C. Heard. Crl. Misc. No.M-18784 of 2011 [2] A perusal of the record indicates that the petitioners had purchased a part of share in the joint land. On the basis of their possession in part of the property they had filed a civil suit in which interim relief had been granted to the petitioners restraining Bhag Singh and other defendants from interfering in the possession of the plaintiffs. In a petition for quashing of FIR, a Coordinate Bench of this Court has taking into consideration the malafides of the State authorities and stayed the presentation of challan. Counsel for the petitioner has placed on record few photographs indicating the harvesting of crop in presence of the police officials. State counsel has explained that the photographs indicating the harvesting of crop on a portion of the land regarding which the receiver had possession. Taking into consideration the totality of the abovesaid circumstances, it appears that it will be debatable during trial whether the petitioners or the State authorities had harvested the disputed crop. As the petitioners have already joined investigation pursuant to the interim orders dated June 10,2011, they can be granted the concession of pre-arrest bail. Petition is allowed and it is ordered that in case of arrest of the petitioners they will be released on bail to the satisfaction of the arresting officer subject to the conditions that they will join investigation as and when required by the police and that they will not tamper with the evidence or hamper the investigation in any manner. Nothing said in this order will Crl. Misc. No.M-18784 of 2011 [3] prejudice the rights of the parties in the civil litigation or in any proceedings for quashing of the FIR. August 10, 2011 (M.M.S.BEDI) sanjay JUDGE