IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 26357 of 2011 Date of decision: 15.11.2011 Abishek Tyagi Petitioner vs. State of Punjab Respondent Present: Mr. DV Singh, Advocate Mr. Kirat Singh, DAG, Punjab M.M.S.BEDI,J. Heard. A perusal of the police file indicates that the allegation against the petitioner is that he had connived with co-accused Jaivir and Vijay Gupta and made an attempt to sell the house of complainant Dr. Indra Aggarwal on the basis of fake documents. Except vague allegation of connivance, there is no other evidence against the petitioner. The conspiracy has to be established in accordance with the relevant evidence u/s 10 of the Indian Evidence Act. It appears to be a debatable issue whether on the basis of material gathered by the investigating agency, the petitioner could be said to have connived with the other accused to sell the property of the complainant. The petitioner being a tenant of the complainant seems to have been involved on the basis of general and vague allegations of conspiracy. The petitioner has already joined the investigation. It does not appear to be a case of custodial interrogation. The petition is allowed and interim order dated 1.9.2011 is hereby made absolute subject to all the conditions u/s 438(2) Cr.P.C. November 15 ,2011 ( M.M.S.BEDI ) TSM JUDGE