Cr.Misc. M 2081 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 2081 of 2011 Date of decision: 28.9.2011 Darshan Singh petitioner vs State of Punjab respondent Present:- Mr. PS Hundal,Sr.Advocate with Mr. Sanjay Kodan, Advocate. Mr. K.S.Sidhu, DAG, Pb. Mr. Anmol Rattan Sidhu, Sr.Advocate with Mr. RK Chugh, Advocate. M.M.S.BEDI, J. The petitioner seeks the concession of regular bail in a case registered by Manoj Jain, Director M/S Blue Sea Sites Pvt. Ltd. alleging that the petitioner, an ex-director of the complainant- company, had entered into an agreement of sale with Ajit Singh, who was General Power of Attorney of Gurdas Bansal, Lal Chand and Nisha Bansal on 7.1.2006. Total sale consideration was for Rs.15.15 crores for 29 kanal 16 marlas of land. The petitioner allegedly gave an advance of Rs.4.25 crore on 7.1.2006 on behalf of the company. He ceases to be the Director of the company on 2.3.2006. The land, which was subject matter of the agreement dated 7.1.2006, was sold to R.K.Sharma. After having been resigned from the complainant- company, the petitioner compromised the matter with Ajit Singh, attorney of the land owners, on behalf of the company and received back Rs.4.25 crore but did not deposit the amount Cr.Misc. M 2081 of 2011 2 in the account of the company. An application filed by the petitioner for pre- arrest bail was dismissed by this court on 9.8.2010 and by the Apex Court on 8.10.2010. While dismissing the application of the petitioner, the Apex court had observed that the petitioner may apply for regular bail along with an application for interim bail pending final disposal of the regular bail application. It was also observed in the order of the Apex court that in case the petitioner files an application for interim bail pending final disposal of the regular bail application, the said application would be decided expeditiously by the concerned court. The petitioner was arrested in the case on 7.2.2010. The investigation of the has been completed. Challan stands presented. A co-ordinate Bench of this court vide order dated 7.6.2011 had granted interim bail to the petitioner. Thereafter, the petitioner had been appearing before the trial court. When the application for regular bail came up for hearing on 16.9.2011, the petitioner was directed to surrender before the Illaqa Magistrate on 24.9.2011 so that his application u/s 438 Cr.P.C. could be considered ,the petitioner being in custody. The petitioner has not abused the liberty granted to him and is regularly appearing before the trial court. Without expression of any opinion on merits of the case, it is sufficient to observe that the trial is likely to take a long time and no useful purpose will be served by keeping the petitioner in custody during the entire period of trial. Without prejudice to the right of the complainant to recover the alleged misappropriated amount in accordance with law, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bond/ surety bond to the satisfaction of the trial court. September 28 , 2011 (M.M.S.BEDI ) TSM JUDGE Cr.Misc. M 2081 of 2011 3