In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-31094 of 2009 ..... Date of decision:21.7.2010 Nachhattar Singh and others .....Petitioners v. State of Punjab .....Respondent .... Present: Mr. H.R. Bhardwaj, Advocate for the petitioners. Mr. T.S. Salana, Deputy Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioners have filed this petition under Section 438 Cr.P.C. for the grant of anticipatory bail in a case registered against them for the offences under Sections 420, 506 and 34 IPC. It is alleged that Nachhattar Singh (petitioner No.1) on 21.1.2008 entered into an agreement to sell his 38 Kanals 6 Marlas of land at Village Jasseana @ Rs.5,05,000/- per acre to the complainant Surinder Singh. Petitioner No.1 received Rs.20 Lacs as earnest money at the time of agreement and 15.12.2008 was fixed the date for execution of the sale deed. However, on the stipulated date petitioner No.1 did not appear before the Sub Registrar to execute the sale deed. The complainant requested petitioner No.1 many times for execution of the sale deed in his favour but Cr. Misc. No.M-31094 of 2009 [2] he made excuses. On 1.2.2009, the complainant along with Gurdarshan Singh witness visited the house of Nachhattar Singh and requested that he should execute the sale deed in his favour. However, Nachhattar Singh lost his temper and in the presence of Gurdarshan Singh and his sons, namely, Jagdish Singh and Ranjit Singh flatly refused to execute the sale deed and told the complainant that they had only to cheat the complainant for an amount of Rs.20 Lacs. Nachhattar Singh also stated that he had also on an earlier occasion cheated Jeet Singh for an amount of Rs. 9 Lacs. On these allegations the FIR was registered. The petitioners No.2 and 3 were granted interim bail vide order dated 6.11.2009. On 11.12.2009, learned counsel for respondent-State submitted that petitioners No.2 and 3 had joined the investigation and they had given their thumb impressions which had been sent to the FSL for comparison. Learned counsel for the petitioners submitted that petitioner No.1 had not been granted interim bail and since petitioners No.2 and 3 had joined the investigation, petitioner No.1 would also join the investigation for which he may be given protection. Accordingly, it was ordered that in the event of arrest of petitioner No.1 he shall be released on interim bail. The case was taken up on 23.4.2010 on which date learned counsel for the petitioners submitted that fresh thumb impression of petitioner No.1 had been taken and would be sent for comparison. He prayed for a date and the case was adjourned for today. Today, when the case was taken up, learned counsel for the State has submitted copy of the order dated 3.5.2010 passed by the learned Chief Judicial Magistrate, Muktsar wherein petitioner No.1 was produced by ASI Hoshiar Singh for the purpose of getting his thumb impression for comparison. However, petitioner No.1 stated that he did not Cr. Misc. No.M-31094 of 2009 [3] want to give his thumb mark for the said purpose. Accordingly, the application was returned as having become infructuous. The petitioner No.1 also made a statement that he does not want to give his thumb impression. The case relates to cheating of Rs.20 Lacs which petitioner No.1 has taken from the complainant Surinder Singh on the pretext that he would be selling his land. Petitioners No.2 and 3 have joined the investigation and are cooperating with the investigation. However, petitioner No.1 is not cooperating with the investigation and despite his stating that he would join the investigation he has on his own declined to give his thumb impression. Therefore, in order to carry out effective investigation the custodial interrogation would be necessary so as to enable the prosecution to elicit information and material. In the afore-noticed circumstances, the criminal miscellaneous petition qua Nachhattar Singh (petitioner No.1) is dismissed. However, the interim bail granted to petitioners No.2 and 3 vide order dated 6.11.2009 is made absolute. July 21, 2010. (S.S. Saron) Judge *hsp*