Crl. Misc. No.M-25780 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-25780 of 2010 Date of Decision: September 5, 2011 Sohan Gir …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.M.K. Singla, Advocate for the petitioner. Mr. Arshvinder Singh, Addl.A.G., Punjab. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Atma Singh alleging that 91 kanals 19 marlas of land owned by Samadh Baba Ghamand Gir (Regd.) has been transferred by way of sale by mortgage on receipt of a sum of Rs.40 lacs. The allegation against the petitioner is that he alongwith his brothers Karam Gir, Dharam Gir and Braham Gir has given the said land to Jagroop Singh and others vide agreement on receipt of money. Crl. Misc. No.M-25780 of 2010 [2] Vide interim orders passed by a Coordinate Bench of this Court, the S.P. was directed to file an affidavit. In the affidavit filed, the allegations in the FIR has been reiterated to the effect that as per Jamabandi for the year 2006, Samadh Baba Ghamand Gir was owner of the property of the Dera and as per inquiry report of SDM, Lehra, the petitioner and his three brothers sold the land measuring 91 kanals 19 marls of land to Maghar Singh and received Rs.40 lacs. The petitioner is alleged to have obtained Mohatmimship of the Dera on the basis of wrong statements. It is an admitted fact there has not been any transfer of property by any registered document. The dispute appears to be regarding the property of Dera regarding which civil litigation is also pending. So far as the allegation against the petitioner of having obtained loan from the bank is concerned, counsel for the petitioner submits that the loan obtained by the petitioner has already been repaid long time back. Taking into consideration the totality of the circumstances, it does not appear to be a case where custodial interrogation is required. The dispute regarding ownership or management of the property of Dera can be settled by other means. Loss, if any, caused by the petitioner to any person who has got better title than the petitioner can be compensated by seeking damages. The petition is allowed and it is ordered that in case of arrest of the petitioner he is ordered to be released on bail to the satisfaction of the arresting officer subject to the following conditions:-- Crl. Misc. No.M-25780 of 2010 [3] i) that the petitioner will join investigation as and when required by the police; ii) that he will not tamper with the evidence or hamper with the investigation in any manner; and iii) that the petitioner will not, in any manner, alienate the property of the Dera without the due process of law. September 5, 2011 (M.M.S.BEDI) sanjay JUDGE