Cr.Misc. M 25035 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 25035 of 2010 Date of decision:6.10.2010 Ashwani Kumar Petitioner vs. State of Punjab Respondent Present: Ms. Poonam Tara, Avocate. Mr. PS Bajwa, DAG, Pb Mr. JS Thind, Advocate. M.M.S.BEDI,J. The petitioner apprehends arrest in a case, registered at the instance of Trust Bagichi Kambohan , Abadi Durgaiana, Amritsar alleging that the petitioner has taken possession of Radhey Sham Mandir, building of the Trust and misappropriated the furniture and money in golakh. The petitioner has joined the investigation. There appears to be a civil litigation pending between the petitioner and the Trust. An ejectment application regarding the shop in possession of the petitioner was also filed by the complainant. The petitioner has also filed a suit for injunction against the complainant seeking to restrain the complainant from dispossessing him from the shop. Learned counsel for the complainant has opposed the petition contending that the petitioner has forcibly trespassed into the Mandir and has taken unauthorized possession of the temple. I have heard learned counsel for the parties. It appears that Suraj, grand father of the petitioner was appointed as a priest in the Mandir. His father also seems to have remained as a priest. In view of the Cr.Misc. M 25035 of 2010 2 dispute between the petitioner and the Trust, the petitioner can always be removed as a priest and can also be restrained from performing the functions of priest. So far as the embezzlement is concerned, the allegations of the complainant are vague and uncertain. The petitioner having joined the investigation, he can be granted the concession of pre- arrest bail. Accordingly, the petition is allowed and interim order dated 27.8.2010 is hereby confirmed 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 condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. He will not forcibly perform the functions, not entrusted to him by the Trust. He will also not commit the similar offence, of which he is accused of, during pendency of the trial. October 6 ,2010 ( M.M.S.BEDI ) TSM JUDGE