IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-6311 of 2009 Date of decision : 30.04.2009 Radha Krishan and others ....Petitioners V/s State of Punjab ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. R.K. Girdhar, Advocate for the petitioners. Mr. Shailesh Gupta, DAG Punjab. Mr. M.L. Saini, Advocate for the complainant. RAJAN GUPTA J. (ORAL) Learned counsel for the petitioners submits that an agreement to sell was executed between the petitioners and complainant. The relevant part of the said agreement read as under:- “If we violate any terms then the purchasers can claim/recover double the amount of earnest money or they can get the sale deed registered through Court after making the balance amount of payment. If the purchasers violates any terms then the earnest money paid by them shall be forfeited.” According to the counsel, in terms of aforesaid agreement, a consideration of Rs. 35,00,000/- paid by the complainant, stood forfeited. Counsel further submits that remedy by way of suit for specific performance was available to the complainant for redressal of his grievance as agreement to sell is admitted by both the parties. On the other hand, learned counsel for the State submits that Crl. Misc No. M-6311 of 2009 -2- these contentions can be gone into by the trial court at an appropriate stage. Further, on instructions from Head Constable, Joginder Singh, who is present in court the State counsel submits that pursuant to order dated 17.03.2009, passed by this Court petitioners have already joined the investigation and are no longer required for further custodial interrogation. In view of the statement made by learned counsel for the State, order dated 17.03.2009 granting ad-interim anticipatory bail to the petitioners, is hereby made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C. 30.04.2009 (RAJAN GUPTA) Ajay JUDGE