Crl. Misc. No.M-22940 of 2011 & Crl. Misc. No.M-27620 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Crl. Misc. No.M-22940 of 2011 Sukhwinder Singh ..... Petitioner Versus State of Punjab ..... Respondent 2. Crl. Misc. No.M-27620 of 2011 Leela Singh ..... Petitioner Versus State of Punjab ..... Respondent Date of Decision: 15.09.2011 CORAM:- HON'BLE MR. JUSTICE M.M.S. BEDI Present: Mr. L.S. Sidhu, Advocate, for the petitioner. Mr. K.S. Sidhu, DAG, Punjab. M.M.S. BEDI, J. The petitioners Sukhwinder Singh and Leela Singh have filed two separate petitions for grant of pre-arrest bail. As both arise out of same FIR, these are taken together. The FIR has been registered at the instance of Moti Ram Garg complainant alleging that on 20.09.2010 Gurmail Singh non-petitioner had entered into an agreement to sell regarding three kanals of land with complainant and had received a sum of Rs.1 lac as earnest money but said Gurmail Singh had sold the property to the petitioners. It has been contended by counsel for the petitioners that Gurmail Singh had never entered into an agreement to sell with the complainant and that in case, the Crl. Misc. No.M-22940 of 2011 & Crl. Misc. No.M-27620 of 2011 -2- complainant is able to establish that he had got any right in the property on the basis of any document, the petitioners, being bona fide purchasers though are not liable being third party but at the same time are ready to be bound by any judgment or decree passed in favour of the complainant by Court of competent jurisdiction. The petitioners claim that they are bona fide purchasers. It has been informed that the complainant has till date not filed any suit for specific performance. Without prejudice to the civil rights of the complainant, the petitions are allowed. It is ordered that in case of arrest of petitioners, they will be released on bail to the satisfaction of the Arresting Officer subject to the condition that they will join investigation as and when required and they will not tamper with the evidence during investigation in any manner. (M.M.S. BEDI) 15.09.2011 JUDGE manju