In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-30327 of 2010 ..... Date of decision:7.12.2010 Gurnam Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Gourave Bhayyia, Advocate for the petitioner. Mr. M.C. Berry, Additional Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 12.5.2007 for the offence under Section 382 IPC at Police Station Dharamkot (now Police Station Mehna), District Moga. The FIR (Annexure-P.2) was registered on the statement of Baldev Singh, who has alleged that his brother-in-law, namely, Joginder Singh and his wife Naseeb Kaur; besides, their daughter Harjot Kaur had purchased land to the extent of ¾ share out of land comprised in Khasra No.373 (2-7) situated at Fatehgarh Kohwana from Hardeep Singh, Manvinder Kaur and Harvinder Kaur Sandhu son and daughters respectively of Sohan Singh through their general power of attorney Gurnam Singh (petitioner). Registered sale deed No.731, 732, 734 dated 20.5.2002 were executed by Gurnam Singh (petitioner) as general power attorney of Hardeep Singh, Manvinder Kaur and Harvinder Kaur Sandhu, son and daughters of Sohan Singh in favour of Joginder Singh, Naseeb Kaur Cr. Misc. No.M-30327 of 2010 [2] and Harjot Kaur. Mutation in respect of sale of land was also sanctioned. The vendees Joginder Singh, Naseeb Kaur and Harjot Kaur became owners to the extent of ¾ share and possession was also with the vendees. On 8.5.2007, Gurnam Singh (petitioner) along with Ashok Kumar and 3-4 unidentified persons, it is alleged, started removing the doors and almirahs of the Kothi and Girders of the rooms situated abutting to the Kothi by demolishing the roof. They also removed a hand-pump and sanitary pipes fitted in the Kothi. The complainant Baldev Singh was holding power of attorney of his brother-in-law Joginder Singh and his wife Naseeb Kaur regarding their property. When the complainant came to know about damage being done to the Kothi, he and his son Gurbir Singh as also the wife of the complainant, namely, Gurpal Kaur approached Gurnam Singh (petitioner) so as to restrain him from causing damage to the Kothi. On this, Gurnam Singh (petitioner) and Ashok Kumar, who were holding `Kappas' in their hands threatened the complainant, his son Gurbir Singh and his wife Gurpal Kaur to leave the Kothi otherwise they would be killed. Due to fear the complainant left the Kothi and came out. According to the complainant, the petitioner took away 12 doors of the Kothi, one big almirah, two iron gates, 12 Girders of the rooms constructed outside the Kothi; besides, the sanitary pipes and one hand-pump were also taken . These items were taken in a canter vehicle which has been brought by them. According to the petitioner, he had only sold the agricultural land but by misrepresentation the complainant-Baldev Singh was also claiming ownership of the Kothi had alleged that the petitioner along with Ashok Kumar entered the Kothi and damaged the property. The purchaser Cr. Misc. No.M-30327 of 2010 [3] Joginder Singh has deposed an affidavit which is attached as (Annexure-P.1) with Criminal Misc. No.41484 of 2007 in which he has accepted the position that he has not purchased the residential property. Therefore, the allegations that the petitioner and Ashok Kumar entered the Kothi and by demolishing the walls removed Girders and other items at this stage cannot be said to be true. The petitioner was declared a proclaimed offender vide order dated 18.11.2009 passed by the learned Judicial Magistrate Ist Class, Moga. The petitioner has been abroad before the registration of the FIR. Besides, it was stated that he was ready to join the investigation. Learned counsel for the State, on instructions from SI Jagdish Lal, Police Station Mehna, has submitted that the petitioner has joined the investigation and his custody is not required for the purposes of investigation. Accordingly, the interim bail granted on 15.10.2010 is made absolute. The passport of the petitioner which was deposited vide order dated 15.10.2010 be handed over to SI Jagdish Lal, Police Station Mehna against proper receipt. The petitioner shall not leave the country without the permission of the Illaqa Magistrate. In case he is to be granted permission to go abroad, the Illaqa Magistrate shall order the return of the passport to him. The criminal miscellaneous petition stands disposed of. December 7, 2010. (S.S. Saron) Judge *hsp*