In the High Court of Punjab and Haryana at Chandigarh ...... (1) Criminal Misc. No.M-21104 of 2010 ..... Date of decision:28.9.2010 Gurdial Singh and another .....Petitioners v. State of Punjab .....Respondent .... (2) Criminal Misc. No.M-22197 of 2010 ..... Darshan Singh and another .....Petitioners v. State of Punjab .....Respondent .... Present: Mr. Ranjit Sharma, Advocate for the petitioners. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. Mr. Varun Tara, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. This order will dispose of Criminal Misc. No.M-21104 of 2010 filed by Gurdial Singh and Hardeep Singh and Criminal Misc. No.M-22197 of 2010 filed by Darshan Singh and Balbir Singh. The petitioners in the respective petitions seek pre-arrest bail in a case registered against them for the offences under Sections 447, 511, 379, 506, 148 and 149 IPC at Police Station Harike, Tehsil and District Tarn Taran. Cr. Misc. Nos.M-21104 of 2010 etc. [2] The FIR in the case was registered on the statement of Rupinder Kaur wife of Kirpal Singh Sandhu. It is alleged by the complainant that on 14.6.2010 at 7.00 a.m. she was going from Amritsar to Jagraon in her relations. At about 7.00 a.m., her (complainant's) neighbour Harbans Singh informed that Gurdial Singh and Hardeep Singh (petitioners No.1 and 2 in Criminal Misc. No.M-21104 of 2010); besides, Darshan Singh and Balbir Singh (petitioners in Criminal Misc. No.M-22197 of 2010) armed with Dangs and Sotas and some unknown persons had destroyed the fields and ridges (vats) raised there by ploughing with a tractor. The ridges had been raised only a day earlier by Surinder Singh, servant of the complainant. The said persons, it was informed, were trying to take possession. The complainant then reached at the spot and found the said persons there and they were known to her (complainant). They were armed with Dangs and Sotas and were destroying the ridges and water course (Khal) with the tractor in the presence of the complainant. They took away five bags of fertilizer, one instrument of Jindra by putting the same on plough of the tractor. They also raised cries that if anybody came forward, he would be killed. The complainant saved her life by running away from the spot. The petitioners Gurdial Singh and Hardeep Singh had purchased land measuring 82 Kanals 6 Marlas vide sale deed dated 27.3.2009 from Inderbir Singh and Parambir Singh sons of Harkrishan Singh. Thereafter, land measuring 45 Kanals 8 Marlas was purchased by Hira Singh and Gurdial Singh (petitioner No.1 in Criminal Misc. No.M- 21104 of 2010) vide sale deed dated 15.4.2009 from Buta Singh and Polly Kaur son and daughter respectively of Bachan Singh, Mindo alias Mindo Cr. Misc. Nos.M-21104 of 2010 etc. [3] Kaur Sandhu daughter of Bachan Singh through Buta Singh and Mindra alias Bob Mindra Sandhu daughter of Bachan Singh. In this manner, the petitioners are said to be in possession of 127 Kanals 14 Marlas. The copy of the Khasra Girdawri issued on 27.9.2010 for the period from Kharif 2007 to Rabi 2010 has been filed in Court today which is taken on record. The petitioner Gurdial Singh (in Criminal Misc. No.M-21104 of 2010) has filed an affidavit dated 24.9.2010 in which he has stated that he undertakes that he will not interfere in the possession of Kirpal Singh husband of the complainant till the land is partitioned and would obey the order of status quo granted by the civil Court, Tarn Taran. Hardeep Singh (petitioner No.2 in Criminal Misc. No.M-21104 of 2010) has also filed an affidavit dated 17.8.2010 in which it is stated that he will not interfere in the share of land of Kirpal Singh husband of the complainant and will not disturb her possession of land as per her share in the joint Khata. It is further stated that he has already been obeying the status quo order dated 13.3.2009 passed by the Civil Judge, Tarn Taran and till date has not interfered in the possession of Kirpal Singh's share in the land. Keeping in view the affidavit dated 24.9.2010 of Gurdial Singh and that of Hardeep Singh dated 17.8.2010, it is stated by their learned counsel that the said petitioners will not interfere in the share of land of Kirpal Singh or his wife Rupinder Kaur. In view thereof the said petitioners in the event of their arrest are entitled to the concession of pre-arrest bail. Insofar as petitioners Darshan Singh and Balbir Singh (in Criminal Misc. No.M-22197 of 2010) are concerned they are said to be accompanying the other accused. They are also in the facts and circumstances of the case Cr. Misc. Nos.M-21104 of 2010 etc. [4] entitled to the concession of pre-arrest bail. In the circumstances, the petitioners in the event of their arrest shall be admitted to bail on their furnishing personal bonds and surety each to the satisfaction of the Arresting/Investigating Officer. They shall join the investigation as and when called and shall abide by the conditions of Section 438(2) Cr.P.C. It is made clear that in case the petitioners violate their undertaking which they have given by way of affidavits, the bail that has been granted would be liable to be considered for cancellation. The criminal miscellaneous petitions stand disposed of. September 28, 2010. (S.S. Saron) Judge *hsp*