Crl. Misc. No. M-8627 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-8627 of 2010 Date of Decision: July 29, 2010 Ajit Singh and another …..Petitioners Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.R.S. Chauhan, Advocate for the petitioners. Mr.P.S. Bajwa, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) Petitioners apprehend arrest in a case registered at the instance of Gurmeet Kaur and Gagandeep Singh, complainants challenging that Saroop Singh had entered into an agreement of sale with her and received a sum of Rs.2.50 lacs as earnest money. The petitioners have purchased the same land which was the subject matter of the agreement of sale. The complainant Gurmeet Kaur claims that she has been duped of a sum of Crl. Misc. No. M-8627 of 2010 [2] Rs.2.50 lacs by Saroop Singh by playing fraud with her and by selling the property to the petitioners. The sale deed in favour of the petitioners is subject matter of the civil suit filed by complainant- Gagandeep Singh. State counsel has opposed the application for bail contending that the petitioners are none-else but the maternal uncles of the seller Saroop Singh and as such they are hand in glove with the seller who has duped the complainant. I have heard counsel for the petitioners and the State counsel. Since the validity of the sale deed in favour of the petitioners is a subject matter of the civil suit and the validity of the sale deed in favour of the petitioners is sub-judice before the Civil Court, no useful purpose will be served by sending the petitioners behind the bars who claims themselves to be the bonafide purchasers. In case the civil Court holds that the sale in favour of the petitioners is malafide and with an objective to defeat the rights of Gurmeet Kaur and Gagandeep Singh, it will be open to the civil Court to set aside the sale deed. Petitioners having already joined investigation, it does not appear to be a case of custodial interrogation. Petition is allowed and 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 conditions that they will join investigation as and when required by the police and that they will not tamper with the evidence or hamper the investigation in any manner. The petitioners, however, will be Crl. Misc. No. M-8627 of 2010 [3] required to furnish fresh bail bonds to the satisfaction of the Court concerned at the time of presentation of challan. July 29, 2010 (M.M.S.BEDI) sanjay JUDGE