IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-21702 of 2010 Date of decision : 19.8.2010 Himmat Singh …. Petitioner Versus State of Punjab ….. Respondent Present : Mr. Manmeet Singh Rana, Advocate for the petitioner. Mr. TS Salana, DAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 25.4.2007 for the offences under Sections 420, 467, 468, 471, 457 and 120-B IPC. The FIR (Annexure P1) has been registered on the basis of an application made by Amarjit Singh, Deputy Commissioner, Central Excise Division-III, Ludhiana. It is alleged that M/s Swastika Knitting & Spinning Mills, Ludhiana was in arrears of Central Excise Duty to the tune of Rs.28,40,122/-. The property of the said M/s Swastika Knitting & Spinning Mills, Ludhiana measuring 8 kanals on the G.T. Road, Jalandhar Bye-pass, Ludhiana which was owned by its partners Sh. Jagir Raj Sahnan and Kailash Chander Saggar was attached by the Department of Central Excise Division-III, Ludhiana through the revenue authorities. Locks and seals were put on the Crl. Misc. No. M-21702 of 2010 [2] premises by the department to recover its dues. Despite the attachment of the property, somebody had trespassed into the property which was in peaceful possession of the department of Central Excise Division-III, Ludhiana. The locks put by the department had been broken/removed and signboard had also changed. After thorough investigation, the officials came to know that one Paramjit Singh Walia who was Managing Partner of M/s Walia Bus Services and his accomplices had encroached upon the property illegally by breaking the locks put by the department with an intention to cause harm to the department. They were requested to vacate the premises, however, they refused to accede to the request. The above persons had trespassed into the property that was attached. The agreement dated 3.2.2007 was executed by one Parson Singh who was holding a power of attorney of the owner. He had agreed to sell the factory land and building to Paramjit Singh Walia and had received Rs.20 lacs as earnest money. The possession of the property was delivered. Parson Singh was also having an agreement dated 31.1.2002 in his favour for purchase of land from Jagiri Lal. The petitioner Himmat Singh is an attesting witness to the agreement to sell dated 3.2.2007. It is submitted that by being a mere witness to the agreement, he cannot be said to have committed any offence. Learned State counsel has submitted that the petitioner is a co-conspirator along with Paramjit Singh Walia. Besides, he had been declared a proclaimed offender. Crl. Misc. No. M-21702 of 2010 [3] After giving my thoughtful consideration to the matter, it may be noticed that the case against the petitioner is to be proved as regards his being a co-conspirator. The trial in the case is likely to take time. The case is triable by the learned Magistrate of the Ist Class. The petitioner is in custody since 18.6.2010. In the facts and circumstances, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned trial Magistrate shall be admitted to bail. (S.S. SARON) JUDGE August 19, 2010 amit