Criminal Misc.-M No. 33620 of 2011 (1) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 33620 of 2011(O&M) Date of decision : 25.11.2011 Manjit Singh .. Petitioner versus State of Punjab .. Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Preetwinder Singh Dhaliwal, Advocate, for the petitioner. Mr. B. B. S. Teji, Senior Deputy Advocate General, Punjab. Rajesh Bindal, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner, who is accused in FIR No. 98 dated 24.9.2011, registered under Sections 447, 34 IPC and Sections 3,5 of Prevention of Damage to Public Property, Act, 1984, at Police Station Bhadaur, District Barnala. Learned counsel for the petitioner submitted that the petitioner is in possession of a small portion of land, which is part of his house. However, the neighbours started objecting thereto. The petitioner filed a civil suit for permanent injunction on 5.9.2011, which is still pending. FIR was got registered thereafter. He further submitted that the petitioner will abide by the orders passed by the civil court regarding ownership in possession of the property in dispute. He further submitted that during the pendency of the application before the learned court below, the petitioner was granted the benefit of pre-arrest bail. He even appeared before the Investigating officer. However, on the date fixed, his counsel could not appear in court and the application was dismissed in default. Learned counsel for the State submitted that considering the fact that the petitioner has encroached upon the public property, he does not deserve concession of pre-arrest bail. Criminal Misc.-M No. 33620 of 2011 (2) After hearing learned counsel for the parties and considering the fact that civil suit filed by the petitioner is prior in time claiming ownership and possession on the plot was already pending when the FIR was got registered by the Municipal Council, in my opinion, the petitioner is not required to be taken into custody for interrogation. He shall appear before the Investigating officer on 3.12.2011 at 10.00 a.m. for joining investigation. In case of his arrest, he shall be released on furnishing of bail bonds to the satisfaction of the Arresting/ Investigating Officer. He shall appear before the Investigating officr as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. He shall abide by any final order passed by the learned court below. In case interim stay regarding possession of the disputed property is not granted to the petitioner, he shall immediately vacate that portion and remove the gates affixed by him from the disputed plot. The petition stands disposed of. 25.11.2011 ( Rajesh Bindal ) vs Judge