Crl. Misc. No.M-17419 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-17419 of 2010 Date of Decision: November 9, 2010 Pankaj Bhardwaj …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Bipan Ghai, Sr. Advocate with Mr. Amit Dhawan, Advocate for the petitioner. Mr. N.K. Sanghi, Addl. A.G., Punjab. -.- M.M.S. BEDI, J. The petitioner seeks the concession of pre-arrest bail in a case FIR No. 277 dated May 19, 2008 registered under Sections 420, 467, 468, 471, 120-B IPC at Police Station Civil Lines, Amritsar at the instance of M/s Vipul Limited alleging that the land belonging to Akhara Braham Buta Crl. Misc. No.M-17419 of 2010 [2] was acquired by the State Government for the benefit of Improvement Trust, Amritsar for establishment of scheme known as Ajnala Road Development Scheme. In order to prejudice the rights of Improvement Trust, M/s R.P. Empire Pvt. Ltd. had procured sale deed from various occupants and subsequently claiming to be the owners of the property belonging to Improvement Trust, offered the same to the complainant M/s Vipul Limited in December 2006. The main allegations are against the Directors of M/s R.P. Empire Pvt. Ltd. that without being the lawful owners of the land belonging to Improvement Trust, the same has been promised to be sold to M/s Vipul Limited on receipt of a sum of Rs.45 crores. M/s R.P. Empire Pvt. Ltd. had utilized fake encumbrance certificate and the change of land user certificate. The allegation against the petitioner is that he was also one of the Directors of M/s R.P. Empire Pvt. Ltd. The petitioner claims that R.K. Sharma had asked for a loan of Rs.40 lacs from the petitioner in the year 2005 and he was also taken as a Director Legal in the Company of M/s R.P. Empire Pvt. Ltd. but the petitioner resigned from the Directorship of the Company on December 4, 2006 and he retired from the Company vide form No.32 annexure P-1. It is claimed by the petitioner that he has got nothing to do with the complainant M/s Vipul Limited and that an affidavit has been furnished by Rakesh Sharma, Director of M/s R.P. Empire Pvt. Ltd. that he would be responsible to M/s Vipul Limited or M/s R.P. Empire Pvt. Ltd. for all acts of omission or commission done either by M/s Vipul Limited or by M/s R.P. Empire Pvt. Ltd. and that the petitioner would not be liable for any such act or omission. The share holdings and liabilities of Crl. Misc. No.M-17419 of 2010 [3] petitioner related to M/s R.P. Empire Pvt. Ltd. individually or severally had been taken up by R.K. Sharma whose petition for pre-arrest bail has been dismissed by this court vide a separate order as he is apparently responsible and incharge for all the acts of M/s R.P. Empire Pvt. Ltd. The petitioner has already joined investigation and seems to be not incharge of the activities of M/s R.P. Empire Pvt. Ltd. and not responsible for any act and conduct of the Company. He having joined investigation and having not been attributed any specific role in the act of cheating could be granted the concession of pre-arrest bail as his custodial interrogation is not required. The petition is allowed and it is ordered that in case of arrest of the petitioner he will be released on bail to the satisfaction of the arresting officer subject to the following conditions:- i) petitioner will join investigation as and when required by the police; ii) he will not tamper with the evidence or hamper the investigation in any manner; and that iii) he will not commit the similar offence of which he is accused of during the pendency of the trial and would not take any steps to delay the investigation or trial. November 9, 2010 (M.M.S.BEDI) sanjay JUDGE