CRM No.M-31635 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-31635 of 2011 (O&M) Date of decision:- 14.11.2011 Inderjit Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI Present: Mr. SPS Sidhu, Advocate for the petitioner. Mr. Kirat Singh Sidhu, D.A.G., Punjab. M.M.S. Bedi, J.(Oral) Petitioner-Inderjit Singh seeks concession of pre-arrest bail in a case registered at the instance of Prit Pal Singh-complainant alleging that a house which was in the joint name of Prit Pal Singh-complainant and his real brother Harbhajan Singh, has been got transferred by his nephew (son of Harbhajan Singh) in his name on the basis of a sale deed transferring the share of Prit Pal Singh in the house, in favour of Bhupinder Singh, so thereafter, Bhupinder Singh had allegedly obtained the loan by pledging their property with the Bank. The main allegation against Bhupinder Singh is to the effect that he had transferred the share of Prit Pal Singh by executing a sale deed in his name on 26.09.2006 by producing a person who impersonated Prit Pal Singh. Learned counsel for the petitioner has submitted that Prit Pal Singh himself had stood as surety while pledging the property with the Bank. It is claimed that it was Prit Pal Singh himself who had voluntarily transferred his share to his nephew-Bhupinder Singh in order to enable him to get the loan sanctioned from Bank. So far as the petitioner is concerned, he is real "Bhanja" of Prit Pal Singh and is an attesting witness CRM No.M-31635 of 2011 (O&M) -2- to the transfer deed dated 26.09.2006. The investigation regarding the signatures of Prit Pal Singh appearing on the transfer deed dated 26.09.2006 has not yet been compared. It is a crucial point determined during investigation whether it was original Prit Pal Singh who had transferred property in favour of Bhupinder Singh or it was impersonator of Prit Pal Singh, who was made to transfer the property in favour of Bhupinder Singh. The offence if any, is committed by the main accused- Bhupinder Singh or connivance to petitioner with Bhupinder Singh similarly is to be debatable. Inderjit Singh (petitioner) can be granted the concession of pre- arrest bail as he is not beneficiary. The petition is allowed. It is ordered that in case of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting/Investigating Officer subject to all the conditions that the petitioner will join investigation as and when required by the investigating agency and will not tamper with the evidence and hamper the investigation in any manner. 14.11. 2011 (M.M.S. BEDI) Jyoti 1 JUDGE