IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-23171 of 2010 DATE OF DECISION: January 14, 2011 Rajpal Singh …..Petitioner versus The State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.SPS Sidhu, Advocate for the petitioner Dr.Uttam Singh Dhaliwal, Addl. A.G., Punjab .. RAJAN GUPTA, J.: This is a petition under section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under section 379 IPC vide FIR No.100 dated 23.7.2010 at police station Makhu, District Ferozepur. Learned counsel for the petitioner has argued that petitioner has been falsely implicated in the instant case under section 379 IPC. This apart ingredients of the offence are not made out and thus, the petitioner deserves the concession of bail. Learned State counsel has, however, vehemently opposed the prayer. He has referred to status report filed by way of affidavit of Balwinder Singh, Deputy Superintendent of Police, Sub Division, Zira, District Ferozepur, to contend that complainant Harkewal Kaur, wife Crl.Misc.No.M-23171 of 2010 - 2 - of Naranjan Singh was owner of agricultural land measuring 12 acres, 3 kanals and 18 marlas situated in village Chakkian, Tehsil Zira, District Ferozepur. When the complainant visited the village to harvest the wheat crop sown on her land, she was shocked to find that crop had already been harvested. On enquiry, she came to know that petitioner Rajpal Singh had trespassed into her land and harvested the crop. Resultantly, instant FIR was lodged. Learned State counsel submits that earlier another FIR No.65 dated 13.5.2010 under sections 420,199 IPC (Annexure R2/T) was registered against the petitioner for filing a fake affidavit in the court. Another case i.e. FIR No.74 dated 3.6.2010 under sections 420,120-B IPC (Annexure R3/T) was also registered against the petitioner and his associates at police station Makhu. He has also pointed out that pre-arrest bail preferred by the petitioner in Crl.Misc.No.M-26753 of 2010 was dismissed by a co-ordinate Bench (Hon’ble M.M.S. Bedi,J.) on November 10, 2010. I have heard learned counsel for the parties. It appears that petitioner is involved in two/three cases where allegations of cheating and theft have been levelled against him. In the instant case, allegation against him is that he trespassed into the property of complainant Harkewal Kaur and harvested the crop. In view of nature of allegations contained in the FIR, I am of the considered view that petitioner is not Crl.Misc.No.M-23171 of 2010 - 3 - entitled to concession of pre-arrest bail. The petition is devoid of merit and is hereby dismissed. January 14, 2011 ( RAJAN GUPTA ) pc JUDGE