CRM-M-17136-2011 (O&M) - 1 - CRM-M-17668-2011 (O&M) :::::::: IN TH E HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CRM-M-17136-2011 (O&M) Date of decision:29.08.2011. Mian Basant Baba ...Petitioner Versus State of Punjab ...Respondent (2) CRM-M-17668-2011 (O&M) Date of decision:29.08.2011. Amar Singh alias Fazal Deen and others ...Petitioners Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. S.P.S.Sidhu, Advocate, for the petitioners. Mr. A.S.Rai, DAG, Punjab. ***** Rakesh Kumar Jain, J. This order shall dispose of two petitions bearing CRM-M-17136-2011 titled as `Mian Basant Baba Vs. State of Punjab' and CRM-M-17668-2011 titled as `Amar Singh alias Fazal Deen and others Vs. State of Punjab' in which the the petitioners have prayed for regular bail in a pending trial case registered vide FIR No.64 dated 20.04.2011, under Sections 420, 467, 468, 471, 120-B IPC at Police Station City Jagraon, District Ludhiana. The crux of the allegation contained in the FIR is that the petitioners have taken property of Dargah Hazarat Mohkamdin Wali Alla on lease for the years 2010-2011 and 2011-2012 from the Punjab Wakf Board under the fake muslim names and earlier also a case was CRM-M-17136-2011 (O&M) - 2 - CRM-M-17668-2011 (O&M) :::::::: registered against them in the year 2008 for having votes in two villages, both under their original name as well as under the fake muslim names. The petitioners had applied for pre-arrest bail but they were asked to surrender before the learned Illaqa Magistrate who was asked to decide their regular bail applications in accordance with law. The petitioners have filed regular bail before the learned Trial Court which has been dismissed primarily on the ground that the petitioners have been taken into custody recently and if they are released, they could interfere in the investigation. Learned counsel for the petitioners has submitted that the investigation in this case is over as the challan has been presented. The petitioners are in legal possession of the land of Dargah in terms of the license issued to them by the Punjab Wakf Board, Chandigarh vide Memo No.R/24/LU-2588/10-5982 dated 30.11.2010 for the period 2010-2011 and 2011-2012 @ `1,25,000/- per annum besides the payment of `1,000/- as application fee. It was also alleged that the petitioner Mian Basant Baba was appointed as Patron by the Committee (Regd.) of Hazarat Mohkam Sabir Peeran Kliyre headed by Mohd. Gulzar Shah Sabri and is performing religious duties at Dargah Hazarat Mohkamdeen Wali Alla since 1964. He further submitted that the complainant Chet Ram had tried to dispossess the petitioners on 13.03.2002 and caused injuries to them as a result of which they had registered FIR No.55 dated 13.03.2002, under Sections 307, 452, 325, 506, 148, 149 IPC at Police Station Jagraon against Pritam Singh and others in which they have been convicted by the learned Additional Sessions Judge, Ludhiana. Earlier also, the complainant had registered FIR No.264 dated 24.10.2009, under Section 420 IPC at Police Station Jagraon against the petitioners for having votes at Jagraon as well as in their village Galib Kalan, but in that case they were allowed bail and the Civil Suit filed by the complainant for grant of mandatory injunction against the petitioners was dismissed by the Court of Additional District Judge, Ludhiana on 04.10.2010. In reply, learned State Counsel has submitted that the allegation against the petitioners is that they have obtained the license of the land from the Punjab Wakf Board, Chandigarh under the fake muslim names but at the same time it is admitted that the said license has not been cancelled. He also stated that the investigation in this case is over CRM-M-17136-2011 (O&M) - 3 - CRM-M-17668-2011 (O&M) :::::::: and the challan has already been presented. Keeping in view the facts and circumstances of this case, but without making any observation on the merits, the present petitions are hereby allowed and the petitioners are ordered to be released on bail on their furnishing heavy surety to the satisfaction of the learned Trial Court. August 29, 2011 (Rakesh Kumar Jain) vinod* Judge