Criminal Misc. No. M-12204 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-12204 of 2009 Date of Decision: 15.5.2009 Surjit Singh and Another …Petitioners Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Chanderhas Yadav, Advocate for the petitioners. Mr. S.S. Patter, Senior Deputy Advocate General, Haryana, for the State. Mr. Anil Kadyan, Advocate, complainant in person. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioners in case FIR No. 312 dated 24.7.2008 registered at Police Station Civil Lines, Karnal, under Sections 406, 420, 506, & 120-B IPC. On 5.5.2009, this Court had passed the following order:- “Counsel has submitted that in the present case, complainant Anil Kadiyan is an Advocate. He had entered in an agreement to sell with Lal Singh at the instance of Mitter Pal. Counsel has submitted Criminal Misc. No. M-12204 of 2009 2 that petitioners are only attesting witnesses to the agreement to sell. The allegation that even though Lal Singh had received the earnest money, had failed to execute the agreement to sell, will not fasten the petitioners with any criminal liability. Counsel has further submitted that observations made in the impugned order that the petitioners were witnesses to various agreements to sell will not hold them liable for commission of any criminal act. Issue notice of motion for 15th May, 2009. In the event of arrest, petitioners shall be released on interim bail to the satisfaction of the arresting officer. However, petitioners shall join investigation as and when called for. Petitioners shall abide by the conditions specified under Section 438(2) Cr.P.C.” Today, Mr. S.S. Patter, Senior Deputy Advocate General, Haryana, has stated that on basis of first agreement to sell, about 30 agreements to sell have been executed and petitioners are party to the conspiracy to dupe various persons. Counsel for the State has stated that investigation will be completed and final report under Section 173 Cr.P.C. will be submitted within 15 days from today. Since the final report under Section 173 Cr.P.C. will be submitted within 15 days, petitioners are allowed to remain on pre-arrest Criminal Misc. No. M-12204 of 2009 3 bail. However, thereafter, petitioners shall apply for regular bail and the trial Court, taking into consideration the evidence collected by the Investigating Agency, shall decide the regular bail application on merits. At this stage, it will not be appropriate to comment upon merits of the case. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 15, 2009 “DK”