Crl. Misc. No. M-35768 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-35768 of 2011 Date of Decision : December 13, 2011 Mohan Singh and others .... Petitioners Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Rajeev Dev Sharma, Advocate for the petitioners. Mr. Shailesh Gupta, DAG, Punjab. * * * L. N. MITTAL, J. (Oral) : Accused Mohan Singh, Kewal Krishan and Amar Singh have filed this petition for anticipatory bail in case FIR No.79 dated 04.10.2011, under Sections 379, 447 and 506 read with Section 34 of the Indian Penal Code (in short – IPC), registered at Police Station Sadar, District Pathankot. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, the petitioners trespassed into the land of the complainant party and harvested and took away crops Crl. Misc. No. M-35768 of 2011 2 from six kanals land. Counsel for the petitioners contended that suit filed by Smt. Rajan (since deceased) – predecessor of petitioner no.1 and others, has been decreed vide judgment and decree dated 23.04.2010 (Annexure P-2) declaring the said plaintiff Smt. Rajan to be owner of 2/5th share of joint khata and defendants have been restrained from interfering in settled possession of the said plaintiff to the extent of her 2/5th share, except in due course of law. Defendant no.2 Vipin Kumar in the suit is brother of Bharat Bhushan – complainant of the instant FIR and alleged purchaser of the land in question. Counsel for the petitioners, relying on judgment of this Court in the case of Gurmeet Singh vs. Rachhpal Singh reported as 2004 (2) Crl.C.C. 728, contended that the petitioners being co-sharers cannot be said to have committed any offence of trespass or theft qua the joint land. Counsel for the petitioners fairly submitted that appeal against judgment and decree Annexure P-2, preferred by the complainant party, is pending. Keeping in view the aforesaid, but without meaning to express any opinion on merits of the case, the instant petition for anticipatory bail is allowed. In the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer, subject to the conditions specified in Section 438 (2) of the Code of Criminal Procedure. They shall join Crl. Misc. No. M-35768 of 2011 3 investigation as and when required by the police. Presently, the petitioners are directed to join investigation on 23.12.2011 at 10:00 A.M. and continue to do so as and when required by the police. December 13, 2011 ( L. N. MITTAL ) monika JUDGE