Criminal Misc. No. M-12541 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-12541 of 2009 Date of Decision: 29.5.2009 Subhash …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rajiv Sharma, Advocate for the petitioner. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner in case FIR No. 148 dated 9.4.2009 registered at Police Station Sector 7, Faridabad, under Sections 420, 467, 468, 471, 120-B , 384 & 506 IPC. On 8.5.2009, this Court had passed the following order:- “Plot No. 55, Sector 11, Faridabad, was allotted to one Mrs. Saveraj Grewal by DLF. She executed power of attorney in favour of her father-in- law Amar Singh. Amar Singh got the plot registered in the name of Gurcharan Kaur. On basis of will, son of Gurcharan Kaur namely Harjeet Singh became Criminal Misc. No. M-12541 of 2009 2 owner of the plot. He gave power of attorney to his father Amar Singh. Amar Singh sold the plot to Gurdayal Singh. There is no dispute that Gurdayal Singh was the last owner. Gurdayal Singh is sought to have executed two general power of attorneys, one in favour of Ram Saran Dass. Ram Saran Dass, on basis of this general power of attorney, sold the plot to one Manjeet Singh and Kuldeep Singh. Manjeet Singh, on basis of family settlement, got a decree from the Court regarding the whole plot. Manjeet Singh has further executed a general power of attorney in favour of Dinesh Kumar son of Badri Prasad. Counsel for the petitioner has referred to the civil suit (Annexure P-1) to state that Gurcharan Kaur wife of Amar Singh had entered into an agreement to sell the suit property on 7th January, 1980 with one Partap Singh. Petitioner, as attorney of Partap Singh, had filed a suit on 29th July, 2008. Counsel has submitted that even the suit was also withdrawn on 25th February, 2009. Counsel has stated that institution of the suit and withdrawal of the same has nothing to do with the dispute raised in the FIR regarding execution of the subsequent general power of attorney by Gurdayal Singh in favour of Anil Bhadana. Criminal Misc. No. M-12541 of 2009 3 Issue notice of motion for 15th May, 2009. In the event of arrest, petitioner shall be released on interim bail to the satisfaction of the arresting officer. However, petitioner shall join investigation as and when called for. Petitioner shall abide by the conditions specified under Section 438 (2) Cr.P.C. To be heard along with Criminal Misc. No. M-12006 of 2009”. Counsel for the petitioner has placed on record order passed by the Chief Judicial Magistrate, Faridabad, from where it is evident that the petitioner has joined investigation. Custodial interrogation of the petitioner is not warranted. Hence, interim pre-arrest bail granted to the petitioner vide order dated 8.5.2009 is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioner shall be permitted to furnish regular bail-bonds to the satisfaction of the Court concerned. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 29, 2009 “DK”