Cr.Misc.M 30428 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc.M 30428 of 2010 Date of decision:1.12.2010 Harpreet Kaur and anr Petitioner vs. State of Punjab Respondent Present: Mr. RP Singh, Advocate. Mr. Abhisshek Chautala, AAG, Pb Mr.Davinder Bir Singh, Advocate. M.M.S.BEDI,J. Petitioner No.1 is a widow, who is alleged to have agreed to sell her land measuring 62 kanals to complainant Kulvinder Singh for a sum of Rs 4.35 crore and had obtained Rs.1 lac on one occasion and Rs.9 lacs on another occasion, as per agreement of sale dated 3.5.2008. The allegation against petitioner No.1 is that she had later on executed an agreement of sale with another person Parkash Chand and sold the property to him. Pursuant to the interim orders, the petitioners have already joined the investigation. So far as petitioner No.2 is concerned, he is an attesting witness. Agreement of sale dated 3.5.2008 indicates that a sum of Rs. 1.00 Lac had been received as earnest money. A perusal of the police file indicates that there is no documentary evidence to establish that a sum of Rs. 9 lacs had been received by petitioner No.1. It will be debatable during trial whether the oral testimony of witnesses would be sufficient enough to establish the payment of money as earnest money. Learned counsel for the petitioners has submitted that petitioner No.1 had received a loan of Rs.1.00 lac and had signed the blank papers , on which agreement of sale has been prepared by the Cr.Misc.M 30428 of 2010 2 complainant. A suit for specific performance has already been filed by the complainant. Taking into consideration the totality of the circumstances, I am of the opinion that petitioner No.1 being a lady and having joined the investigation, can be granted the concession of pre-arrest bail. The civil rights of the complainant, on the basis of agreement of sale, will be determined by the trial court. Accordingly, the petition is allowed and interim order dated 13.10.2010 is hereby confirmed 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 condition that the petitioners will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. December 1 ,2010 ( M.M.S.BEDI ) TSM JUDGE