Crl. Misc. No. M- 28145 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 28145 of 2009 O&M) Date of decision: February 22, 2010 Baghel Singh and another ...Petitioners Versus State of Punjab and another ...Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Dharampal, Advocate, for the petitioners. Mr. Abhishek Chautala, AAG, Punjab, for respondent No.1. Mr. Ashok Giri, Advocate, for respondent No.2. GURDEV SINGH, J. Heard. Petitioners, Baghel Singh and Natha Singh, both sons of Joginder Singh, have come up with the present petition under Section 438 of the Criminal Procedure Code for issuance of direction to the police of Police Station Nur Pur Bedi to admit them on bail in the event of their arrest in FIR No. 76 dated 24.8.2009 registered with that Police Station under Section 420 IPC. According to them, they have not committed any such offence and the matter is of civil nature. The FIR has been got registered with an ulterior motive. They were granted interim anticipatory bail by the Additional Sessions Judge, Rupnagar, and were directed to join investigation, which was done by them. However, that application was Crl. Misc. No. M- 28145 of 2009 2 dismissed on the ground that heavy amount of Rs. 35 lakhs was involved. Additional Sessions Judge failed to take notice of the fact that the said amount was received by them in respect of the sale of land measuring 54 kanals and 9 marlas. The petitioners were allowed interim anticipatory bail by this Court, vide order dated 14.10.2009 and were directed to join investigation. It has been admitted by the State counsel that after passing of that order, they have joined the investigation. It is not his case that they are required for further investigation. The accusation against the petitioners is that they had shown some cultivable land to the complainant and by making that representation they executed the sale deed, after receiving Rs. 35 lakhs as sale consideration in respect of the land, the major portion of which was in the river bed. That is a question of fact to be determined during the trial. Specific khasra numbers are mentioned in the sale deed and there is an endorsement “unirrigated/river” after entries of those khasra number. The case being based on documents, which are already in possession of the investigating agency, it cannot be held that custodial interrogation of the petitioners is required. Moreover, they have already joined the investigation after granting of interim anticipatory bail. In all these circumstances, the order dated 14.10.2009 is made absolute. The petition is disposed of accordingly. February 22, 2010 (GURDEV SINGH ) prem JUDGE