IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-8839 of 2009 Date of decision: 18th April, 2009 Sukhchain Singh and others … Petitioners Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sarabjit Singh Khaira, Advocate for the petitioners. Mr. Anter Singh Brar, Deputy Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioners in case FIR No. 7 dated 24.01.2009 registered at Police Station Ghuman, District Gurdaspur under Sections 379, 447, 427, 34 IPC. On March 31, 2009, this Court had passed the following order: “Present petition has been filed under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioners in case FIR No. 7 dated 24.01.2009 registered at Police Station Ghuman, District Gurdaspur under Sections 379, 447, 427 and 34 IPC. Counsel for the petitioners submits that offences under Section 447 and 427 IPC are bailable. Only non-bailable offence fall under Section 379 IPC. Counsel has read the FIR, in which it has been stated that accused has stolen the poplar tree. Therefore, offence is committed. Dispute in the present case is over 4 kanal of land. Grievance of the complainant is that about two months ago, Criminal Misc. No. M-8839 of 2009 some of the crops suddenly got fire and he understood the same to be as a result of some disease. On the day of occurrence, i.e. on 22nd January, 2009, he suspected some poisonous medicine having been spread on the crop. Complainant had suspected petitioners and their father Harbans Singh to be responsible for the same. Counsel for the petitioners has submitted that in fact, this 4 kanals of land is owned by father of the petitioners. In support of this, he has relied upon jamabandi (Annexure P-2) and has stated that qua this land, father of the petitioners had obtained a loan of Rs.5.00 lakh. Counsel has also relied upon pendency of civil suit, where status quo was ordered by Additional Civil Judge (Sr. Division), Batala on 20th February, 2008. Issue notice of motion for 18th April, 2009. In the event of arrest, petitioners shall be released on interim bail to the satisfaction of the arresting officer. However, petitioners shall join investigation as and when called for. Petitioners shall abide by the conditions specified under Section 438 (2) Cr.P.C.” Counsel for the State, on instructions from Joginder Singh ASI, has stated that petitioners have joined the investigation and they are no longer required for further custodial interrogation. For the reasons stated in order dated March 31, 2009 and in view of the statement made by counsel for the State, interim bail granted to the petitioner vide order dated March 31, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, petitioners will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE April 18, 2009 rps 2