In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-25294 of 2010(O&M) Date of decision: 25.11.2010 Om Parkash ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.M.S.Sidhu, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. Mr.Achin Gupta, Advocate, for the complainant. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.92 dated 7.7.2010, under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code at Police Station Sadar Muktsar District Muktsar. The following order was passed by this Court on 5.10.2010:- “ Learned State counsel requests for an adjournment. Criminal Misc. No.M-25294 of 2010(O&M) -2- List again on 25.11.2010. In the meantime, in the event of arrest, the petitioner be admitted to interim bail subject to the satisfaction of the Arresting Officer. He shall abide by the conditions envisaged under Section 438 (2) of the Code of Criminal Procedure.” Learned counsel for the petitioner has submitted that the land in question was purchased by the complainant from the petitioner vide registered sale deed and mutation No.28877 was sanctioned in favour of the purchasers. As per jamabandi for the year 2005-2006, khasra No. 2296/1 (0-13) was described as Malkan Makbuja, whereas, khasra No. 2385/1 (1-16) was described as abadi in column No.8. As per the revenue record, the khasra numbers in dispute were not described as roads. The complainant has already filed a civil suit for the recovery of the amount in question. Learned State counsel as well as learned counsel for the complainant, on the other hand, have opposed the petition on the ground that the land in question formed road and hence could not be sold by the petitioner. The complainant had been duped of about ` 18,00,000/-. Learned State counsel, on instructions from ASI Chander Mohan, has submitted that the petitioner has joined investigation. Keeping in view the fact that the petitioner has joined Criminal Misc. No.M-25294 of 2010(O&M) -3- investigation and as per the revenue record, khasra numbers in dispute are not described as road, it would be just and expedient to confirm the interim bail granted by this Court. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail dated 5.10.2010 is made absolute. (SABINA) JUDGE November 25, 2010 anita