IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 15991 of 2010 Date of decision: 2.7.2010 Prem Singh …Petitioner Versus State of Haryana …Respondent Present: Mr MK Tanwar, Advocate for the petitioner. Mr KC Gupta, Sr DAG Haryana. S.S.SARON, J. This petition has been filed under Section 438 CrPC for the grant of pre-arrest bail to the petitioner in a case registered against him on 10.9.2008 under Sections 419, 420, 467, 468, 471, 120B IPC at PS Mohindergarh, District Mohindergarh. One Chanderbai had inherited land of her father. She died on 3.1.1991. However, on 21.7.1998, an agreement to sell is shown to have been executed by Chanderbai. The petitioner was one of the attesting witnesses of the said agreement to sell. The FIR has been registered on the complaint of Prithvi Singh, who has alleged that a conspiracy was hatched by various persons including the petitioner to grab the land of said Chanderbai and by forging an agreement to sell dated 21.7.1998. A suit for specific performance was filed on the basis of the said agreement to sell. Learned counsel for the petitioner submits that the petitioner is only an attesting witness and that Naresh Kumar is the main accused in the case. Cr Misc M-15991 of 2010 2 Learned counsel for the State submits that the petitioner has been declared a PO. I have given my thoughtful consideration to the matter. The petitioner is a signatory to the agreement to sell dated 21.7.1998 which is shown to have been executed by Chanderbai who had died on 3.1.1991. As per the allegations in the FIR, Naresh Kumar, on the basis of the aforesaid agreement, sent a notice dated 2.9.1998 to Chanderbai through his Advocate. Thereafter, a civil suit was filed on 24.5.1999 for specific performance of the said contract and judgment and decree dated 8.6.2002 was obtained. In the said suit, summons were issued in the name of Chanderbai at her address of village Buchawas while she, before her death, was not residing there and was residing in her matrimonial village. In the suit, summons were issued on 7.5.1999 for 1.6.1999. A false report was made that Chanderbai had refused to accept the summons. Thereafter, a proclamation was issued and in that proclamation of Munadi, Naresh – Chowkidar and accused-4 namely Bhoop Singh had concealed the fact that Chanderbai was not alive. A false report dated 4.2.2000 was prepared. On the basis of the decree, the land was sold. Keeping in view the aforesaid facts and circumstances of the case, no ground is made out for the grant of pre-arrest bail. Learned counsel for the petitioner, however, submits that the petitioner is ready to surrender; however, his application for regular bail may be considered expeditiously. It may be noticed that the petitioner is a PO. In any case, since he has expressed his readiness to surrender, it would be just and expedient in the facts and circumstances of the case that in case he surrenders before the Police within three days from the date of receipt of a copy of this order, Cr Misc M-15991 of 2010 3 his application for regular bail shall be considered by the concerned Court within three days thereafter after the period of Police remand, if any. 2.7.2010 ( S.S.SARON ) ASR Judge