Criminal Misc. No. M-12006 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-12006 of 2009 Date of Decision: 29.5.2009 Pankaj …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Kunal Dawar, Advocate for the petitioner. Mrs. Renu Tyagi, Advocate. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner in case FIR No. 148 dated 9.4.2009 registered at Police Station Sector 7, Faridabad, under Sections 420, 467, 468, 471, 120-B , 384 & 506 IPC. On 4.5.2009, this Court had passed the following order:- “Plot No. 55, Sector 11, Faridabad, was allotted to one Mrs. Saveraj Grewal by DLF. She executed power of attorney in favour of her father-in- Criminal Misc. No. M-12006 of 2009 2 law Amar Singh. Amar Singh got the plot registered in the name of Gurcharan Kaur. On basis of will, son of Gurcharan Kaur namely Harjeet Singh became owner of the plot. He gave power of attorney to his father Amar Singh. Amar Singh sold the plot to Gurdayal Singh. There is no dispute that Gurdayal Singh was the last owner. Gurdayal Singh is sought to have executed two general power of attorneys, one in favour of Ram Saran Dass. Ram Saran Dass, on basis of this general power of attorney, sold the plot to one Manjeet Singh and Kuldeep Singh. Manjeet Singh, on basis of family settlement, got a decree from the Court regarding the whole plot. Manjeet Singh has further executed a general power of attorney in favour of Dinesh Kumar son of Badri Prasad. Consideration for the Court is another general power of attorney executed by Gurdayal Singh in favour of Anil Bhadana. Counsel for the petitioner submits that it has been wrongly noticed in the impugned order that petitioner was marginal witness to general power of attorney executed by Anil Bhadana. The power of attorney in favour of Anil Bhadana is registered at Tehsil Korva, District Kot Gorta, Chhatisgarh. Counsel further submits that petitioner is a marginal Criminal Misc. No. M-12006 of 2009 3 witness to the sale deed executed on basis of this general power of attorney (executed by Gurdayal Singh in favour of Anil Bhadana). Counsel further submits that as a marginal witness, petitioner is to only identify seller and purchaser. Counsel further submits that as a marginal witness to the sale deed, petitioner is not bound to vouch safe the competence of executant. Issue notice of motion to learned Advocate General, Haryana for 15.5.2009. Meanwhile, in the event of arrest, petitioner(s) shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner(s) shall join investigation as and when called for. Petitioner(s) shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Counsel for the petitioner has placed on record order passed by the Chief Judicial Magistrate, Faridabad, from where it is evident that the petitioner has joined investigation. Custodial interrogation of the petitioner is not warranted. Hence, interim pre-arrest bail granted to the petitioner vide order dated 4.5.2009 is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioner shall be permitted to furnish regular bail-bonds to the satisfaction of the Court concerned. Criminal Misc. No. M-12006 of 2009 4 With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 29, 2009 “DK”