Crl. Misc. No. M-35095 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-35095 of 2011 Date of Decision: December 7, 2011 Kuldeep Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Ankur Mittal, Advocate for the petitioner. Mr. P.S. Bajwa, DAG, Punjab. Mr.C.S. Bakshi, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks the concession of bail in a case registered at the instance of Parveen Kumari alleging that she is in possession of a Khokha in which her footwear and garment articles were lying. The complainant has filed a civil suit against the petitioner in civil Court at Kharar. On intervening night of February 28, 2010 and March 1, 2010, the petitioner alongwith other accused had committed theft of the articles lying Crl. Misc. No. M-35095 of 2011 [2] in the Khokha and made an attempt to take possession of the said land. He also threatened the complainant. On the basis of the allegations, the petitioner was booked under Sections 379, 447, 511, 506, 294, 427 read with Section 34 IPC. Counsel for the complainant has intervened to oppose the petition for bail on the ground that the petitioner was able to evade his appearance and arrest despite the fact that challan had been presented against the petitioner on November 3, 2010. The petitioner has been able to evade his arrest in the criminal case as a result of which the proclamation proceedings were initiated under Section 82 Cr.P.C. and he was issued notice for November 7, 2011. Apprehending arrest, the petitioner surrendered before the Court on November 7, 2011. The petitioner has been in custody for the last one month. Counsel for the complainant has submitted that in view of the previous conduct of the petitioner he could not be granted the concession of bail. I have heard counsel for the petitioner, counsel for the complainant and the State counsel. It appears that as per the allegations in the FIR, the petitioner had merely made an attempt to take the possession of the property on which khokha of the complainant exists. No doubt, the previous conduct of the petitioner is not appreciable but in view of the fact that he has been in custody w.e.f. November 7, 2011; challan having already Crl. Misc. No. M-35095 of 2011 [3] been presented against him, the petitioner can be granted the concession of bail. Petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds for a sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the trial Court. An additional condition is imposed upon the petitioner that in case he makes any attempt to threaten the complainant or interfere in her property or life and liberty, this order will be liable to be withdrawn. In case the complainant has got any apprehension or threat to her life, it will be open to her to submit an application to the SSP, Mohali. In case of said eventuality, necessary steps will be taken to see that the appearance of the petitioner in the Court is not hampered or her right of life and liberty is not prejudiced. December 7, 2011 (M.M.S.BEDI) sanjay JUDGE