Criminal Misc. -M No. 27142 of 2011 (1) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc. -M No. 27142 of 2011 (O&M) Date of decision : 17.11.2011 Surender Singh and another .. Petitioners versus State of Haryana .. Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Prem Singh Bhangu, Advocate, for the petitioners. Mr. G. S. Chahal, Additional Advocate General, Haryana. Rajesh Bindal, J. While issuing notice of motion on 7.9.2011, the following contentions of learned counsel for the petitioners were noticed:- “Learned counsel for the petitioners submitted that the petitioners are in possession of land comprised of khasra nos. 1704, 1705, 1706, 1707 and 1709, and not land pertaining to khasra no. 4037. In case, they are found to be in possession of land pertaining to khasra no. 4037, the present petition may be dismissed.” The case was adjourned on 14.9.2011, 26.9.2011 and 13.10.2011 on the request of counsel for the State. On 1.11.2011, this court directed the State to produce material to show that the petitioners have illegally encroached upon khasra no. 4037. The case of the petitioners is that they are in possession of land comprised of khasra nos. 1704, 1705, 1706, 1707 and 1709, and not land pertaining to khasra no. 4037. Till date despite number of opportunities, the State has not been able to clarify as to when the demarcation of land pertaining to khasra no. 4037 was made and the petitioners were found in possession of the same. Criminal Misc. -M No. 27142 of 2011 (2) Considering the aforesaid facts, in my opinion, the petitioners are not required to be taken into custody for interrogation. They shall appear before the Investigating Officer on 26.11.2011 at 10.00 a.m. to join investigation. In case of arrest, they shall be released on furnishing of bail bonds to the satisfaction of the Investigating Officer. They shall appear before the Investigating Officer as and when called upon for further investigation. They shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. 17.11.2011 ( Rajesh Bindal ) vs Judge