Criminal Misc.-M No. 27599 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 27599 of 2011 (O&M) Date of decision: 14.11.2011 Khana @ Khannu and others .. Petitioners Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Jetinder Pal Singh, Advocate for the petitioners. Mr. B. B. S. Teji, Senior Deputy Advocate General, Punjab. Ms. Meenu Salwan, Advocate for the complainant. ... Rajesh Bindal J. While granting interim stay of arrest to the petitioners on 21.9.2011, following contentions of learned counsel for the petitioners were noticed: “Learned counsel for the petitioners submitted that house in question admittedly belonged to petitioner No. 1. It is alleged in the FIR that he had sold it to one Gugvinder Singh in the year 2005, who subsequently sold it to the complainant on 11.8.2010. The FIR was registered with the allegations that the petitioners trespassed into the house and demolished the wall but the fact is that the petitioners never sold the house to Gugvinder Singh. Agreement to sell was executed, however, the same was subsequently cancelled and earnest money was returned back. Before lodging the present FIR, the complainant filed a civil suit seeking injunction. As he could not prove ownership and possession of the house in question, the prayer for injunction was declined by the civil court vide order dated 18.7.2011.” Learned counsel for the petitioners submitted that the Criminal Misc.-M No. 27599 of 2011 [2] petitioners have joined investigation. Learned counsel for the State, on instructions from Head Constable-Jagtar Singh submitted that the petitioners have already joined investigation and their custodial interrogation is not required, whereas learned counsel for the complainant opposed the prayer made by the petitioners for grant of pre-arrest bail. However, the fact that in the civil suit filed by the complainant, his prayer for interim injunction was declined as possession could not be proved, is not disputed. After hearing learned counsel for the parties and considering the submissions made above, the interim bail granted to the petitioners on 21.9.2011 is made absolute. The petition stands disposed of. (Rajesh Bindal) Judge 14.11.2011 mk