Crl. Misc. No. M – 1372 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 1372 of 2010(O&M) Date of decision:- 20.4.2010 Baljit Singh & Anr. ... Petitioners Versus State of Punjab ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. R.S.Rai, Sr. Advocate, with Mr. S.S.Tiwana, Advocate, for the petitioner. Mr. A.S.Brar, Sr. DAG, Punjab. Gurdev Singh, J (oral) Heard. Petitioners – Baljit Singh and Baldev Singh have filed this petition under Section 439 of the Code of Criminal Procedure for the grant of regular bail in FIR No. 137 dated 23.8.2009 registered under Sections 419, 420, 406, 465, 467, 471 and 120-B IPC in Police Station Dirba, District Sangrur. This FIR was got lodged by Nidhan Singh by moving a written application before the S.S.P. He came out with the version that the present petitioners along with one Harinder Singh agreed to sell 256 Kanala 11 marlas of land in their favour at the rate of 13,18,000/- and received a sum of Rs.74,00,000/- as earnest money and subsequently it was found that the land had already been attached and as such the petitioners and other accused have committed fraud upon them. He also narrated therein that the petitioners did not return the earnest money and nor executed the sale deed in their favour. Crl. Misc. No. M – 1372 of 2010 -2- It has been submitted by learned counsel for the petitioners that the petitioners had title to the land in question being co-owners thereof and that the sale deed could not be executed on the ground of stay granted by the Civil Court and that they are ready to execute the sale deed in favour of the complainant as per the terms of the agreement. The matter in dispute is mainly of civil nature. The case is based upon the documents, which are already in possession of the investigating agency. It is not the case of the complainant that the petitioners had any intention to cheat him at the very beginning. According to the learned State counsel the challan has already been presented before the trial Court. The conclusion of the trial will take some time. Keeping in view all these facts and without expressing anything on the merits, this petition is allowed. Petitioners are ordered to be released on bail to the satisfaction of the trial Court/Duty Magistrate, subject to the following conditions:- (i)they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (ii) they shall not leave India without the previous permission of the Court. April 20, 2010 (Gurdev Singh) tripti Judge