CRM.M 31265 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh. CRM.M 31265 of 2009 Decided on 25.11.2009. Kanwarjit Singh -- Petitioner vs. Chandigarh Administration U.T,Chandigarh --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Puneet Jindal,Advocate,for the petitioner Mr.Ram Pal,Advocate,for the respondent. Rakesh Kumar Jain, J:(Oral) This is a petition under Section 439 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.'), for regular bail in case FIR No.289 dated 19.06.2009 registered under Sections 420,467,468,471,120-B IPC, at Police Station Sector 34,Chandigarh. Learned counsel for the petitioner submits that the petitioner happens to be the President of Nirwana Cooperative House Building (First) Society Ltd, Sector 49-B,Chandigarh. He is not named in the FIR and is in custody since 15.9.2009. Learned counsel further submits that at the most, allegation against the petitioner is that vide letter dated 25.12.2007 (Annexure P-2), Dwelling Unit No.1833 which is alleged to have been allotted to one Rajesh Kumar (complainant) on 26.9.2005 was allotted to one Amrik Singh Garcha having Membership No.238A who had given his GPA to Suman wife of Mohinder Singh. It is further averred that there is another letter CRM.M 31265 of 2009 2 dated 25.12.2007 (Annexure P3) alleged to have been written by the petitioner by which he had informed that the General Body Meeting dated 14.12.2007 is not approved by the RCS. Therefore, the letters given to them of the Proposed Occupancy had been withdrawn. Further states that he had made a complaint to the S.S.P, Chandigarh on 25.12.2007 that seven persons including Mohinder Singh had gheraoed him and forced him to execute the aforesaid document Annexure P2. Since threat exerted to him was over, he immediately sent SMS regarding withdrawal of these letters and on 27.12.2007 and sent document Annexure P-3 through speed post. It is further submitted that the petitioner had also filed a complaint under Section 156 (3) of Cr.P.C. for registration of case against the said persons who had gheraoed him which is fixed for 16.12.2009. Learned counsel for the petitioner has argued that in terms of SMS/cancellation report vide letter Annexure P-3 dated 25.12.2007, out of seven persons, six had returned the letters similar to Annexure P-2 except Mohinder Singh Sangwan. He refers to Annexure P-7 dated 16.7.2008 wherein Smt. Suman wife of Mohinder Singh Sangwan had stated that she will vacate the said flat No.1833 and requested that she may be allowed to occupy the same till her dwelling unit gets ready. In nutshell, learned counsel for the petitioner has argued that the petitioner has been made the victim of circumstances which occurred on 25.12.2007. Learned counsel for the U.T,Chandigarh, has vehemently argued that the petitioner is hand-in-glove with Mohinder Singh. He, CRM.M 31265 of 2009 3 however, admits that out of seven persons who are mentioned in Annexure P-4, six persons have returned the letters similar to Annexure P-2 to the petitioner, meaning thereby that the allotment which is alleged to have been made on 25.12.2007 has already been withdrawn. Be that as it may, after hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case and without observing anything on the merits, the regular bail petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds and sureties to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate,Chandigarh. 25.11 2009 (Rakesh Kumar Jain) RR Judge