Criminal Misc. No. M-25872 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-25872 of 2008 Date of Decision: 14.1.2009 Sham Lal …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rahul Rampal, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Mr. Anter Singh Brar, learned Deputy Advocate General, Punjab, on instructions from Onkar Singh, Assistant Sub Inspector, states that the entire investigation shall be concluded within one month and final report under Section 173 Cr.P.C. shall be submitted in the concerned Court. Petitioner had been granted pre-arrest bail by the Co-ordinate Bench of this Court on 1.10.2008 and the following order was passed:- “Present: Mr. Rahul Rampal, Advocate for the petitioner. This petition has been filed under Section 438 C.P.C. for grant of anticipatory bail in case FIR No. 93 dated 11.4.2008 lodged for offences under Criminal Misc. No. M-25872 of 2008 2 Section (s) 419, 420, 465, 467, 468, 471, 120-B IPC, with Police Station, Division No. 5, Ludhiana. It transpires that Arun Kumar (complainant), Sham Lal (petitioner), Sanjiv Kumar and Ramesh Kumar had purchased certain land vide sale deed executed on 20.4.1993. The complainant claims in the FIR that he never sold his 1/4th share nor had executed any power of attorney. Despite such being the facts, his share has been sold by forgery, fraud and has resulted in cheating. The case of the petitioner is that all the co- sharers executed a power of attorney on 13.7.1994 in favour of one Bhagat Ram. The power of attorney has been placed on record as Annexure P-2. Clam of the petitioner is that he cancelled his power of attorney, Annexure P-2, with regard to his share and executed another power of attorney on 17.1.1995 in favour of Kulwant Singh and Kuldeep Singh. The other contention is that the land was sold 14 years back and this FIR is belated. It is only because the price of land has sky rocketed that this case has been lodged. Notice of motion for 25.11.2008. In the meantime, in the event of arrest, the petitioner will be released on interim anticipatory bail on furnishing of bail bonds to the satisfaction of the Criminal Misc. No. M-25872 of 2008 3 Arresting/Investigating Officer subject to the following conditions:- (i) The petitioner shall make himself available for interrogation as and when required; (ii) The petitioner shall not directly of indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The petitioner shall not leave India without the previous permission of the Court. Sd/- (Ajai Lamba) Judge October 01, 2008” Taking into consideration the allegations, pre-arrest bail granted to the petitioner by the Co-ordinate Bench of this Court is extended till presentation of report under Section 173 Cr.P.C. Thereafter, the petitioner shall apply for regular bail and the same shall be decided after taking into consideration the evidence gathered by the Investigating Agency in the form of statements and documents. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge January 14, 2009 “DK”