Crl. Misc. No. M-1237 of 2011 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-1237 of 2011 Date of decision: March 08, 2011. Krishan Kumar Malik ...Petitioner v. State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the petitioner. Shri H.S. Deol, Additional Advocate General, Haryana. Kanwaljit Singh Ahluwalia , J. (Oral): Present petition has been filed under Section 438 of the Code of Criminal Procedure for the grant of pre-arrest bail in case FIR No.1367 dated 30.12.2010 registered at Police Station City Panipat, under Sections 148, 149, 323, 452, 506 IPC and 25/54/59 of the Arms Act. A Coordinate Bench of this Court on January 17, 2011 had passed the following order:- “Learned counsel submits that the petitioner does not claim himself to be in possession of the property in question i.e. Plot measuring 619 sq. yards situated at Patti Afgan behind Sanouli Road, Panipat which is owned by the Haryana Wakf Board (“Board” - for short), Ambala Cantt. It is submitted that the said plot has been taken on lease by the petitioner after the lease in favour of the complainant – Narender kumar was cancelled by the Board. The petitioner has deposited the lease money amounting to Rs.22,000/- on 15.11.2010 for the period from 1.3.2010 to 31.1.2011. Besides, a reference is made to the agreement dated 22.12.2010 (Annexure P7) vide which the petitioner had transferred all lease rights in respect of the plot Crl. Misc. No. M-1237 of 2011 -: 2 :- along with debris on receipt of full and final payment in favour of Heera Lal son of Leelu Ram. It is submitted that though in the said agreement it is recorded that possession of the plot and the debris has been handed over, however, in fact it is only symbolic possession which is handed over. It is also submitted that the complainant has made false allegations inasmuch as the incident occurred at about 7.30/800 a.m. and the FIR is registered at 5.15 p.m. on 30.12.2010 i.e. After the complainant had obtained the order of stay of his forcible dispossession from the suit property from the civil court on 30.12.2010 (Annexure P-5). Notice of motion for 08.03.2011. In the meantime, in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal bond and surety to the satisfaction of Arresting/Investigating Officer. The petitioner shall join investigation as and when called and shall abide by the conditions of Section 438(2) Cr.P.C. “ Counsel for the State, on instructions from ASI Ram Niwas, PS City Panipat, has stated that the petitioner has joined the investigation and is not required for further investigation. In view of the statement made by Counsel for the State, order dated January 17, 2011 is affirmed till conclusion of the investigation. Thereafter the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial court. Disposed of. [Kanwaljit Singh Ahluwalia] March 08, 2011. Judge kadyan