Criminal Misc. No. M-14986 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-14986 of 2010 Date of Decision: 7.2.2011 Deegh Ram …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.K. Agnihotri, Advocate for the petitioner. Mr. Gaurav Dhir, Deputy Advocate General, Haryana, for the respondent. Mr. Sarad Kumar Yadav, Advocate for the complainant. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 41 dated 27.3.2010, registered at Police Station Sadar, Rewari, under Sections 420, 506 and 34 IPC. The case set out against the petitioner is that he, being an owner of the land, has executed an agreement to sell dated 20.9.2007 and thereafter has not executed the sale deed. A Co-ordinate Bench of this Court, on 20.5.2010, passed the following order:- Criminal Misc. No. M-14986 of 2010 2 “...Crl. Misc. No. 26918 of 2010 Application is allowed as prayed for. Crl. Misc. No. M-14986 of 2010 Learned counsel for the petitioner contends that on the basis of complaint made by the complainant, the inquiry was conducted and the petitioner was found innocent and it was mentioned in the inquiry that no offence is made out against the petitioner. Learned counsel further submits that on 20.9.2007, the petitioner was present in Mahendergarh Jail with regard to some work relating to electricity and the present complaint has been filed after a delay of more than two years. Learned counsel submits that as per allegations in the FIR, total 10 lakhs were paid and out of 10 lakhs, four lakhs in cash and six lakhs by way of cheque but there is no entry of the alleged amount in the account of the petitioner and the allegations are totally false. Notice of motion to Advocate General, Haryana, for 28.7.2010. In the meanwhile, arrest of the petitioner is stayed...” Learned counsel for the respondent, on instructions from Rajinder Singh, Assistant Sub Inspector, submits that the petitioner has joined the investigation and lateron the sale deed has also been Criminal Misc. No. M-14986 of 2010 3 executed in favour of the complainant. He further submits that possession of the land has not been handed over to the complainant. In view of the statement made by learned counsel for the respondent, custodial interrogation of the petitioner is not required. The matter is essentially civil in nature. In view of the statement made by counsel for the State and order dated 20.5.2010 passed by a Co-ordinate Bench of this Court, interim pre-arrest bail granted to the petitioner is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C., the petitioner shall furnish regular bail-bonds to the satisfaction of the Court concerned. The trial Court shall be empowered to cancel the bail of the petitioners in case of any breach of terms & conditions of the bail bonds. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 7, 2011 “DK”