Cr.Misc. M 9554 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 9554 of 2010 Date of decision:21.9.2010 Harjeet Singh Petitioner vs. State of Haryana. Respondent Present: Mr. Chander Shekhar, Advocate. Ms. Gursreet Kaur, DAG, Hry Mr. Js Cooner, Advocate. M.M.S.BEDI,J. The petitioner seeks the concession of pre-arrest in a case, registered at the instance of Surinder and Baljinder alleging that the petitioner and his nephew Manjit Singh had mortgaged their property for a loan of ` 7.00 lacs though the said property had already been sold to the complainants vide registered sale deed of year 2003. The mutation of the sale was not entered in the revenue record, as a result of which the petitioner was able to get his property mortgaged. Learned counsel for the petitioner has submitted that the sale deed in favour of the complainants pertained to a share in a jointly owned property and that the petitioner is owner to the extent of approximately 7.5 acres of land, which s sufficient enough as security for securing the mortgage amount of Rs. 7 lacs. Learned counsel for the petitioner, on behalf of the petitioner, has given an undertaking before this court that the petitioner will be liable to discharge the liability towards the bank against the mortgage of his share in the land and that no prejudice will ever be caused to the Cr.Misc. M 9554 of 2010 2 possession or title of the complainant on account of any liability accruing from the mortgage. In view of the said undertaking and the petitioner having joined the investigation, the petition is allowed and interim order dated 22.4.2010 is hereby confirmed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. The petitioner will be bound by undertaking given by him to safe guard the title and possession of the complainant. September 21 ,2010 ( M.M.S.BEDI ) TSM JUDGE