Crl. Misc. No. M-29441 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-29441 of 2011 Date of Decision: December 2, 2011 Gurmail Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Ranjan Lakhanpal, Advocate for the petitioner. Mr. P.S. Bajwa, DAG, Punjab. Mr.Parminder Singh, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) Petitioner in the capacity as a Revenue Officer, during the course of his official functions, is alleged to have made a mutation on the basis of a Will in favour of complainant Ram Singh and his brothers vide mutation No.2979. The allegation against the petitioner is that he subsequently entered into another mutation No.941 in which the name of two sisters of the complainant were also incorporated. Crl. Misc. No. M-29441 of 2011 [2] Counsel for the complainant has intervened to oppose the petition for pre-arrest bail contending that the petitioner has fabricated the mutation entries without any basis as such he has committed a serious offence causing prejudice to the complainant. I have heard counsel for the petitioner, counsel for the complainant as well as State counsel and gone through the record. It appears that there is a dispute regarding the inheritance of property of Harjinder Singh, the father of the complainant. Both the parties are claiming inheritance on the basis of the Wills. The matter regarding ownership right or share in the property of Harjinder Singh is to be determined by the Civil Court. So far as petitioner is concerned, it will be debatable whether, he during the course of his official duties, has wrongly entered the subsequent mutation No.941 superseding the mutation No.2979. It has been informed that in departmental proceedings, the petitioner has been found to be guilty of dereliction of duties. The petitioner has already joined investigation. It does not appear to be a case of custodial interrogation as the allegations are to be established solely on the basis of the documents existing or missing. Petition is allowed and it is ordered that in case of arrest of the petitioner he will be released on bail to the satisfaction of the arresting officer subject to the conditions that the petitioner will join investigation as and when required by the police and that he will not tamper with the evidence or hamper the investigation, in any manner. Crl. Misc. No. M-29441 of 2011 [3] December 2, 2011 (M.M.S.BEDI) sanjay JUDGE