Crl. Misc. No.M-23875 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-23875 of 2010 Date of decision: 22.09.2010 Jaswinder Singh and another. .. Petitioner Versus State of Punjab. .. Respondent Present:- Mr.Sant Pal Singh Sidhu, Advocate, for the petitioners. Mr.T.S.Salana, DAG, Punjab. Mr.J.S.Thind, Advocate, for the complainant. * * * * S.S. SARON, J. Heard learned counsel for the parties. In this petition, petitioners seek regular bail in case FIR No.106 dated 03.07.2010 for the offences under Sections 420, 465, 467, 468, 471 and 120-B IPC, registered at Police Station Zira, District Ferozepur. The FIR in the case has been registered on the complaint made by Swarn Kaur. It is alleged that Gurdev Singh-petitioner No.2 vide sale deed dated 04.01.2010, sold land measuring 7½ sarsahi i.e. 1/24th share of land measuring 01 Kanal comprised in Khasra No.413(1-0) situated at Mallanwala, Shamali, Tehsil Zira to Jaswinder Singh-petitioner No.1. The said land comprised of a shop, which is mentioned in the sale deed dated 04.01.2010 to be 23 feet in length and 9½ feet in breadth in all measuring to 219 Square Feet. The boundaries of the shop has been mentioned as East-Sukhdev Singh, West-Bazaar, North-Sukhdev Singh and South-Gali (street). According to the complainant, the boundaries have been mentioned in a surreptitious manner so as to claim the property of the complainant which is within the Lal Lakir. It is alleged by Crl. Misc. No.M-23875 of 2010 ::2:: the complainant that the petitioners wanted to encroach upon the shop of the complainant. Learned counsel appearing for the petitioners has submitted that the petitioners would not claim any share in the shop which is part of the Lal Lakir and they would confine their claim only to the shop which is the subject matter of the sale deed dated 04.01.2010 i.e. measuring 7½ sarsahi which is 1/24th share of the land measuring 1 Kanal comprised in Khasra No.413 (1-0). Mr.J.S.Thind, learned counsel for the complainant, has submitted that Jaswinder Singh-petitioner No.1 has also filed a suit against Mohinder Kaur for restraining her from interfering in the shop which he has purchased. It is submitted that the application for grant of interim injunction has been declined by learned Additional Civil Judge (Senior Division), Zira vide order dated 16.08.2010. The prosecution has to establish its case by leading evidence. Learned counsel for the petitioner states that the petitioner confines his claim to 1/24th share of the land measuring 1 Kanal comprised in Khasra No.413 (1-0). He has stated that he would neither claim the shop of the complainant which is within the Lal Lakir and nor would the petitioner interfere in its possession. Mr.Thind, learned counsel for the complainant has submitted that the petitioners have filed an application for disconnecting the electricity connection of the complainant. According to the learned counsel for the petitioner, the application has not been filed by the petitioners and even if it filed, the same would not be pursued. In view of the above facts and circumstances, the petitioner on their furnishing bail bond and surety each to the satisfaction of learned trial Court shall be admitted to bail. September 22, 2010 (S.S. SARON) sukhpreet JUDGE