Cr.Misc. M 4605 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 4605 of 2010 Date of decision: 7.7.2010 Paramjit Kaur and another Petitioner vs. State of Punjab Respondent Present: Mr.Bikramjit Arora, Advocate. Mr. PS Bajwa, DAG, Pb Mr. Parminder Singh, Advocate. M.M.S.BEDI,J. The petitioners seek the concession of pre-arrest bail in a case, registered at the instance of Sawinder Kaur alleging that an agreement of sale had been executed by the petitioners in favour of her husband Arjan Singh on receipt of earnest money of Rs.5 lacs. A sum of Rs.54 lacs was to be paid at the time of execution of the sale deed on 23.10.2007. Both the petitioners as well as husband of the complainant marked their presence at different places. Somehow, the sale deed was not executed pursuant to the agreement of sale. As a sum of Rs.5 lacs, received as earnest money by the petitioner No.1, was not returned to the complainant, even after the death of her husband, she lodged the present FIR. I have heard leaned counsel for the petitioner at length. Counsel for the complainant has opposed the petition contending that a poor widow has been deprived of a sum of Rs.5 lacs, which she is entitled to, the same having been paid by the husband of the complainant to the Cr.Misc. M 4605 of 2010 2 petitioners. Learned counsel for the petitioners has contended that petitioner No.1 is also a widow and she wanted to purchase some land by selling her land at a different village and had paid a sum of Rs.5 lacs to Darbara Singh. Her amount had been forfeited. The dispute appears to be regarding a sum of Rs.5 lacs, which the husband of the complainant had paid to the petitioners. The complainant has got a legal right to file a suit for recovery of the said amount. I do not find any force in the contention of the counsel for the petitioners that a sum of Rs.5 lacs, belonging to the husband of the complainant stands forfeited only because the said amount had been paid by petitioner No.1 to some other person. It will always be open to petitioner No.1 to recover the said amount from Darbara Singh. The dispute being of civil nature; the petitioners having already joined the investigation, they can be granted the concession of pre-arrest bail as they cannot be sent behind bars with an objective to recover a sum of Rs. 5 lacs forcibly by using the machinery of prosecution. It will certainly be a moot point during trial whether the petitioners can be said to have cheated the complainant. In the peculiar circumstances of this case, the petition is allowed and it is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioners will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. July 7 ,2010 ( M.M.S.BEDI ) TSM JUDGE