Criminal Misc. No. M-22493 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-22493 of 2009 (O&M) Date of decision: 7.10.2009 Rugha and another .. Petitioners v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Ms. Sharmila Sharma, Advocate for the petitioners. Ms. Ritu Punj, Deputy Advocate General, Haryana. .. Rajesh Bindal J. Learned counsel for the petitioners submits that petitioner No. 1 is 80 years of age, whereas petitioner No. 2 is his son. The allegation in the FIR is that the petitioners had purchased a tractor after payment of Rs. 90,000/- in cash. The balance amount was to be paid after raising the loan against the tractor. As per the allegations, one jamabandi was handed over to the dealer showing that petitioner No. 1 was owner of 91 kanals and 5 marlas of land. When the amount was not repaid, on verification, it was found that petitioner No. 1 was not the owner of the land, the jamabandi of which was produced by him before the dealer. Two other accused in the FIR, who were stated to be the agents, who got the deal struck regarding sale of tractor, were granted the benefit of anticipatory bail. The possession of the tractor has already been taken by the complainant. The petitioners are in custody since 10.4.2009. Challan has already been presented. As the trial is going to take some time, the petitioners be released on bail pending trial. On the other hand, learned counsel for the respondent submits that considering the seriousness of allegations where the jamabandi produced by the petitioners for giving security for purchase of tractor was found to be forged, they do not deserve the concession of bail. After hearing learned counsel for the parties, considering the age of petitioner No. 1 and also the fact that they are in custody since 10.4.2009 and other accused having already been granted the benefit of anticipatory bail and further possession of the tractor having already been taken by the complainant and the trial Criminal Misc. No. M-22493 of 2009 [2] is going to take some time, it is directed that the pending trial, the petitioners be released on bail on furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Saffidon. The petition stands disposed of. (Rajesh Bindal) Judge 7.10.2009 mk