Criminal Misc. No. M-6590 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-6590 of 2009 Date of Decision: 27.3.2009 Balbir Singh Singh and Others …Petitioners Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. H.S.Kamboj, Advocate for the petitioners. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, for respondents No.1 and 2. Mr. J.S. Thind and Mr. Manvinder Singh Sidhu, Advocates for respondent No.3. Kanwaljit Singh Ahluwalia, J. (Oral) Present petition has been preferred by the petitioners under Section 438 Cr.P.C. praying for pre-arrest bail in case FIR No. 24 dated 27.1.2009 registered at Police Station Sadar, Jalalabad, under Sections 420 & 120-B IPC. On 9.3.2009, this Court had passed the following order:- “Counsel for the petitioners contends that a civil suit filed by the petitioner was dismissed on 27.4.1989. The Appellate Court remanded the suit back to the trial Court. The suit was got dismissed in default. Criminal Misc. No. M-6590 of 2009 2 However, case of prosecution is that this fact was concealed and mutation was got sanctioned by the petitioners. Counsel for the petitioners has relied upon Annexure P3 i.e. copy of affidavit to say that all the facts were stated correctly before the revenue authorities. Offence, if any, pertains to documents. About seven years are going to elapse. Custodial interrogation may not serve any purpose. Issue notice of motion for 27.3.2009. Meanwhile, in the event of arrest, petitioners shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioners shall join investigation as and when called for. Petitioners shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Mr. Brar, on instructions from Joginder Singh, Assistant Sub Inspector, submits that petitioners have joined investigation and their custodial interrogation is not required. Mr. J.S. Thind and Mr. Manvinder Singh Sidhu, Advocates, appearing for respondent No.3, have stated that by not disclosing the withdrawal of the suit, irreparable loss has been caused to the complainant by sanctioning of mutation. The case is based on documents. Since the Investigating Agency do not require custodial interrogation of the petitioners, no ground is made to deny pre-arrest bail to them. Criminal Misc. No. M-6590 of 2009 3 In view of this, order dated 9.3.2009 passed by this Court, interim pre-arrest bail granted to the petitioners is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioners shall furnish regular bail-bonds to the Court concerned. With these observations, present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge March 27, 2009 “DK”