Crl.Misc.No.M-12304 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: July 04, 2011. (1) Crl.Misc.No.M-12304 of 2011 (O&M). Baldev Sharma .. Petitioner VERSUS State of Punjab .. Respondent * * * (2) Crl.Misc.No.M-12435 of 2011 (O&M). Gurtej Singh @ Teji .. Petitioner VERSUS State of Punjab .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.S.K.Garg Narwana, Adv., for the petitioner Crl.Misc.No.M-12304 of 2011 (O&M). Mr.M.K.Singla, Advocate, for the petitioner Crl.Misc.No.M-12435 of 2011 (O&M). Mr.Arshvinder Singh, Addl. AG., Punjab. Mr.P.S.Dhaliwal, Advocate, for the complainant. . . . 1 Crl.Misc.No.M-12304 of 2011 (O&M) M.M.S. BEDI, J. (ORAL) This order will dispose of the above noted two petitions for the grant of pre-arrest bail filed by Baldev Sharma and Gurtej Singh. The FIR was registered at the instance of Sukhwinder Kaur alleging that her son Lakhwinder Singh was kidnapped on 22.01.2011 and one agreement of sale was got executed in the name of one Chairman from her son regarding 3 killas of land which is in his name by threatening him. Subsequently a sale deed was got executed in favour of Gurmail Kaur by kidnapping her son Lakhwinder Singh on 23.02.2011. The allegations against the petitioner Baldev Sharma is that he had connived with the beneficiaries by threatening her son. So far as petitioner Gurtej Singh is concerned, he is also alleged to have connived with the beneficiaries. Pursuant to the interim orders passed by this Court, the petitioners have joined investigation. It is not out of place to mention here that other co-accused of the petitioners have been granted the concession of bail. So far as Gurmail Kaur is concerned, it has been informed that she has made an application for enquiry in the matter and the in the enquiry thke allegations levelled by the complainant were found to be false. In view of above said circumstances, it appears that in case a property has been alienated without the free consent of the original owner, it will always be open to challenge the same in . . . 2 Crl.Misc.No.M-12304 of 2011 (O&M) accordance with law being without consideration or by fraud, misrepresentation, undue influence of other circumstances. The interim order dated May 10, 2011, passed in favour of the petitioners is hereby made absolute. It is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the condition that they will join the investigation as and when required by the police and that they will not tamper with the evidence in any manner. This order will not, in any manner, prejudice the civil rights of the parties regarding the illegal alienation as alleged by the complainant. All the observations are meant for the adjudication of these two petitions only. Disposed of (M.M.S.BEDI) JUDGE July 04, 2010. rka . . . 3