Crl. Misc. No. M-5939 of 2009 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-5939 of 2009 (O&M) Date of Decision: August 19, 2009 Balbir Singh …..Petitioner Vs. Darshan Singh and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. S.S. Walia, Advocate for the petitioner. Mr.Rajesh Garg, Advocate for respondent No.1. -.- M.M.S. BEDI, J. (ORAL) Darshan Singh had been granted concession of pre-arrest bail subject to the condition that he would transfer 6 kanals of land within two months in favour of his brother complainant- Balbir Singh. On account of non-compliance of the said condition, this petition for cancellation of bail has been filed. Crl. Misc. No. M-5939 of 2009 (O&M) [2] In response to the notice, counsel for Darshan Singh has submitted that a civil suit has also been filed by complainant- Balbir Singh for setting aside the sale deed which has been executed by Darshan Singh under a power of attorney. Darshan Singh has taken up a plea in the written statement that the sale had been executed under valid power of attorney before the cancellation deed was received after proper embossing. The respondent has submitted that in case he transfers 6 kanals of land that would prejudice the civil rights and will effect the adjudication of the civil suit on merits. No condition has been impugned that if the suit of the complainant is dismissed, 6 kanals of land will be re-transferred to the petitioner. After hearing counsel for the petitioner and counsel for the respondent, I am of the opinion that condition No.2 was incorporated in the order when the respondent had given an undertaking to transfer 6 kanals of land from his individual ownership in the name of complainant (now petitioner in this petition for cancellation). This petition is disposed of with a clarification that the respondent will be bound by condition No.2 but it is clarified that in case the suit filed by the complainant- Balbir Singh for setting aside of the sale is dismissed, 6 kanals of land transferred by accused Darshan Singh as per the undertaking at the time of adjudication of the petition for pre-arrest bail on October 16, 2008, would be re-transferred to the accused- Darshan Singh at the expenses of the complainant within a period of six months of the adjudication of the suit by the civil Court. The accused Darshan Singh will Crl. Misc. No. M-5939 of 2009 (O&M) [3] comply with the second condition in the order dated October 16, 2008 within two months from today subject to the final decision of the civil suit, as mentioned hereinabove. August 19, 2009 (M.M.S.BEDI) sanjay JUDGE