Criminal Misc. No. M-19178 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-19178 of 2011 (O&M) Date of decision: 27.7.2011 Sukhpal Singh and another .. Petitioners v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Tejinder K. Joshi, Advocate for the petitioners. Mr. K. S. Pannu, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioners. Learned counsel for the petitioners submitted that agreement to sell was signed by the petitioners for sale of land in favour of the complainant in 2002, specifically mentioning that the land is recorded in the name of father of the petitioners. However, he was missing and in case he is not traced in 7 years, the same shall be mutated in their favour and they will get the sale deed registered. In the alternative, they will get the sale deed registered from their father. In 2004, fresh agreement to sell was executed mentioning all these facts. In 2008, father of the petitioners came back and the sale deed was not registered. The petitioners filed a suit for permanent injunction restraining the complainant from demanding the money, which is still pending. No suit for specific performance of agreement to sell has been filed by the complainant. The present FIR was got registered on 3.6.2011. In fact, the petitioners had not cheated the complainant as all the facts were disclosed to him before the agreement to sell was executed. Criminal Misc. No. M-19178 of 2011 [2] The aforesaid facts are not disputed by learned counsel for the State. Considering the aforesaid facts, in my opinion, custodial interrogation of the petitioners is not required. They are directed to appear before the Investigating Officer on 5.8.2011 at 10.00 A.M. In case of arrest, the petitioners shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. They shall appear before the Investigating Officer as and when called upon for further investigation. They shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 27.7.2011 mk