Crl. Misc. No. M- 5970 of 2009 Palwinder Singh v. State of Punjab Present: Mr. D.S. Sandhu, Advocate for the petitioner. Mr. P.S. Sidhu, Addl. A.G., Punjab. *** Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 379, 447, 427 and 506 IPC. The FIR has been registered on the statement of Jaswinder Kaur complainant who has inter alia alleged that she has bought approximately 7 marlas of land in Village Khera Dona from Maninder Pal Singh and Satinder pal Singh sons of Kashmir Singh. She was getting a wall constructed on the plot on 27.1.2009. Then the ladies from petitioner’s side stopped the mason from constructing the wall. The Police was called by the complainant. However, the persons from the petitioner side could not produce any document. When the Police left the place it is alleged that the petitioner struck his Scorpio vehicle in the newly constructed wall. Besides, five cement bags, two spades and two halwandas were stolen by the petitioner in his vehicle. It may be noticed that except for theft of the articles, the other offences are bailable. The learned Additional Sessions Judge, Kapurthala vide order dated 19.2.2009 (Annexure P4) granted pre-arrest bail to the accused other than the petitioner. Learned counsel for the petitioner has submitted that the allegations of theft that have been attributed to the petitioner are only to make out the non-bailable offence. Otherwise, the petitioner is willing to even purchase the articles and give it to the complainant. Crl. Misc. No. M- 5970 of 2009 [2] In the circumstances, the Crl. Misc. petition is allowed and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal bond and surety to the satisfaction of the arresting/investigation officer. The petitioner shall however join investigation as and when called and shall abide by the conditions of Section 438(2) CrPC. (S.S. SARON) March 9, 2009 JUDGE amit