IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-11104 of 2009 Date of decision: 1st May, 2009 Baljit Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. D.K. Gupta, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. Mr. S.S. Goraya, Advocate for the complainant. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner in case FIR No. 8 dated 09.01.2009 registered at Police Station Civil Line, Batala, District Gurdaspur under Sections 420, 466, 468, 471 IPC. On April 24, 2009, this Court had passed the following order: “Counsel for the petitioner submits that petitioner is LIC Agent. It is stated that policy of complainants had elapsed as they had not paid the instalments. According to the complainants, amount of instalment amounting to Rs.1,44,632/- was entrusted to the petitioner and he had executed receipt in this regard also. Grievance of the complainants is that amount has been misappropriated by the petitioner and receipt issued is false. Criminal Misc. No. M-11104 of 2009 Whereas petitioner has set out a definite case that on 26.6.2008 he had entered into an agreement to sell with the complainants and had received Rs.1,55,000/- as earnest money. It is further stated that agreement to sell had to be executed on or before 26.8.2008. On 26.8.2008 petitioner had caused his appearance before the Sub Registrar, Batala, whereas complainants had not come forward to perform their part of agreement. Counsel for the petitioner has submitted that the version given by the petitioner is natural, probable and convincing, whereas complainants have coined version only to receive back the amount of earnest money to which they are not legally entitled. Issue notice of motion to learned Advocate General, Punjab, for 1.5.2009 Meanwhile, in the event of arrest, petitioner(s) shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner(s) shall join investigation as and when called for. Petitioner(s) shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Mr. Mehardeep Singh, Assistant Advocate General, Punjab has stated that petitioner is facing trial in two cases of similar nature. Their particulars are as follows: 1. FIR No. 87 dated 14.07.2007 registered at Police Station Batala. 2. FIR No. 21 dated 21.02.2008 registered at Police Station Batala. Mr. S.S. Goraya appearing for the complainant has stated that petitioner is habitual of issuing such receipts. 2 Criminal Misc. No. M-11104 of 2009 Taking into consideration the submissions made by counsel for the parties, this Court is of the view that petitioner is not entitled to grant of pre-arrest bail. Hence, present petition is dismissed. However, in case petitioner surrenders before the trial Court within ten days from today, his application for regular bail shall be decided within three days after the period of police remand is over. [KANWALJIT SINGH AHLUWALIA] JUDGE May 1, 2009 rps 3