Crl. Misc. No.M-26404 of 2010 (O & M) ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Date of decision: 09.02.2011 (1) Crl. Misc. No.M-26404 of 2010 (O & M) Dalbir Singh and others .. Petitioners Versus State of Punjab and another .. Respondents (2) Crl. Misc. No.M-26405 of 2010 (O & M) Rakesh Kumar and others .. Petitioners Versus State of Punjab and another .. Respondents Present:- Mr. Mansur Ali, Advocate for the petitioners. Mr.Kirat Singh Sidhu, DAG, Punjab. Mr.R.K. Singla, Advocate, for the complainant. * * * * S.S. SARON, J. This order will dispose of Criminal Miscellaneous No.M- 26404 of 2010 filed by Dalbir Singh and others and Criminal Miscellaneous No.M-26405 of 2010 filed by Rakesh Kumar and others. The petitioners in their respective petitions seek pre- arrest bail in a case registered against them on 09.08.2010 for the offences under Sections 447, 420, 465, 467, 468, 471, 474 and 120-B IPC, at Police Crl. Misc. No.M-26404 of 2010 (O & M) ::2:: Station City Abohar, District Ferozepur. The petitioners Dalbir Singh and others were granted interim bail by this Court vide order dated 09.09.2010. The petitioners Rakesh Kumar and others were also granted interim bail by this Court on 09.09.2010. The petitioners are co-sharers along with the complainant. According to the petitioners, the complainant had sold her half share of the land to which the petitioners did not object. Thereafter, the petitioners also sold their share of land vide sale deed dated 13.05.2010. The complainant then tried to sell more than her share of the land and a civil suit was filed by which the complainant was restrained from selling the land more than her share. As a counter-blast, the complainant has filed the present FIR that they have sold their land vide sale deed dated 13.05.2010. Learned counsel for the complainant has submitted that land measuring 20 Kanals was purchased by the complainant-Avtar Kaur from Smt. Gurnam Kaur widow of Bachan Singh, vide registered sale deed dated 23.01.1984. Mutation on the basis of the purchase was sanctioned in favour of Avtar Kaur (complainant) on 31.01.1984. The complainant constructed a school building and a school by the name of Golden Public School is running, which has been given approval by the Punjab School Education Board, Mohali on 24.01.2005. According to the complainant-Avtar Kaur, she is the exclusive owner of the 20 Kanals of land out of Khasra No.738 (min.). Out of the said 20 Kanals of land, the complainant sold a plot of 5 Marlas out of land measuring 20' x 65' to Usha Rani wife of Ashwani Goyal vide sale deed dated 21.08.1989. Possession of 5 Marlas plot was given to Usha Rani and Mutation No.22910 has also been sanctioned in favour of Usha Rani. However, the complainant, it is alleged, sold the land which is in her exclusive possession. Crl. Misc. No.M-26404 of 2010 (O & M) ::3:: After giving my thoughtful consideration to the matter, it may be noticed that the civil litigation in respect of the land that has been sold is already pending; besides, the case is based primarily on documentary evidence. Learned counsel for the State on instructions from ASI Lakhwinder Singh, Police Station City Abohar, has submitted that the petitioners have joined the investigation and their custody is not required for the purposes of investigation. In view of the afore-noticed facts and circumstances, the interim bail granted to the respective sets of petitioners in terms of separate order dated 09.09.2010 is made absolute. The criminal miscellaneous petitions are accordingly disposed of. (S.S. SARON) February 09, 2011 JUDGE sukhpreet