Criminal Misc.-M No. 26409 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 26409 of 2011(O&M) Date of Decision: 03.10.2011 Shehanshah Singh ...Petitioner Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ramandeep Singh, Advocate for the petitioner. Mr. K.S. Pannu, Deputy Advocate General, Punjab. …. RAJESH BINDAL, J. Learned counsel for the petitioner submitted that the petitioner had purchased the plot in question from Lakhvir Singh vide sale deed dated 21.04.2011. Prior to that the complainant had agreed to sell the plot in question to one Karamjit Singh. Agreement to sell and power of attorney were executed by him in favour of the complainant on 22.3.2011, however, both were cancelled by way of registered documents on 19.4.2011. The petitioner is a bona fide purchaser of plot in question. Prior to the registration of FIR, the complainant had already filed a suit against Lakhvir Singh, impleading the present petitioner as one of the defendants, challenging the sale deed dated 21.4.2011 executed by Lakhvir Singh in favour of the petitioner. On the other hand, learned counsel for the State submitted that transaction between Lakhvir Singh and the petitioner is a sham transaction. No consideration was passed in this regard. After hearing learned counsel for the parties and considering the fact that civil litigation regarding the plot in question was already pending when the FIR was got registered by the complainant and further that co-accused Lakhvir Singh, who had agreed to sell the plot in question Criminal Misc.-M No. 26409 of 2011 2 to the complainant had cancelled the power of attorney executed by him in favour of the complainant on 19.4.2011, in my opinion, the petitioner is not required to be taken into custody for interrogation. In terms of the order passed by this Court on 1.9.2011, the petitioner has already join investigation, which fact is not disputed by learned counsel for the State. Considering the aforesaid facts, interim bail granted to the petitioner on 1.9.2011, is made absolute. The petition stands disposed of. (RAJESH BINDAL) JUDGE 03.10.2011 sharmila