Cr.Misc. M 12145 of 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 12145 of 2011 Date of decision: 27.7.2011 Mithu Singh etc petitioner vs State of Punjab respondent Present:- Mr. MK Singla, Advocate Mr. Arshvinder Singh, Addl.A.G.Pb M.M.S.BEDI, J. The petitioners seek the concession of pre-arrest bail in a case, registered at the instance of Sarpanch of Gram Panchayat Phulad. Admittedly, application u/s 7 of the Punjab Village Common Lands (Regulation) Act ( for short 'the Act') had been filed by the Gram Panchayat against the petitioners and others after eviction order having been passed against them. An appeal was pending before the appellate authority. As the appellate authority was not available on account of election duty, the petitioners had approached the High Court by filing a writ petition No. 5715 of 2011, in which the High Court had passed an order of status quo. As per the allegations in the FIR, despite status quo order, the petitioners had harvested the crop sown by them. It will be debatable whether in any such circumstance, the petitioners can be said to have committed theft of their own crop or having committed the offence of criminal trespass in the property of the complainant. The petitioners have joined the investigation. Learned State counsel, on the instructions of the investigating officer, informs that certain recoveries are to be made. The peculiar Cr.Misc. M 12145 of 2 circumstances of this case warrant the grant of pre-arrest bail to the petitioners as prima facie the harvesting of their own crop during pendency of the appeal u/s 7 of the Act would not constitute theft or criminal trespass. Accordingly, the petition is allowed and interim order dated 25.4.2011 is hereby made absolute subject to all the conditions u/s 438(2) Cr.P.C. July 27 , 2011 (M.M.S.BEDI ) TSM JUDGE