Crl. Misc. No.M-13441 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-13441 of 2011 Date of Decision: July 5, 2011 Anoop Kumar and another …..Petitioners Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.P.S.Hundal, Sr. Advocate with Mr. Dinesh Trehan, Advocate for the petitioners. Mr.Arshwinder Singh, DAG, Punjab. Mr.H.S. Bedi, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) The mother of the petitioners, namely, Pushpa Rani is alleged to have sold the property belonging to Sewa Panthi Adan Shahi Sabha to the complainant. The petitioners are alleged to be the attesting witnesses of the said sale deed dated February 9, 1996. The FIR was registered against the petitioners and their mother on August 24, 2010 alleging that illegal sale Crl. Misc. No.M-13441 of 2011 [2] deeds and lease deeds had been executed by their mother with their connivance. Counsel for the complainant has intervened to oppose the petition for bail contending that the petitioners have committed grave illegality and cheated the complainant by selling the property on the false pretext that they were owners. I have heard counsel for the petitioners, counsel for the complainant as well as the State counsel. It is an admitted fact that the subject matter of the dispute in the criminal case is also the subject of civil litigation in number of cases. Counsel for the complainant has referred to a judgment in civil suit filed in the year 1993 decided on April 8, 2009 by Civil Judge (Senior Division), Amritsar, wherein the Civil suit filed by Sewa Panthi Adan Shahi Sabha has been decreed regarding a number of property against the petitioners and some other defendants. Counsel for the petitioners has submitted that an appeal is pending against the said judgment. Taking into consideration the totality of the facts and circumstances of this case, it appears that there is a dispute regarding the ownership of the property of Sewa Panthi Adan Shahi Sabha which has been alienated by petitioners as well as other persons. A sale executed in the year 1996 has been made subject matter of criminal case in the year 2010. The petitioners have been in custody for the last more than three and half months. The subject matter being magisterial trial, no useful purpose Crl. Misc. No.M-13441 of 2011 [3] will be served by keeping the petitioners in custody during the entire period of trial. The petition is allowed. Petitioners are ordered to be released on bail to the satisfaction of CJM, Tarn Taran. July 5, 2011 (M.M.S.BEDI) sanjay JUDGE