Criminal Misc.-M No. 29509 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 29509 of 2011(O&M) Date of Decision: 25.11.2011 Rajpal Singh and others ...Petitioners Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. L.M. Gulati, Advocate for the petitioners. Mr. B.B.S. Teji, Senior Deputy Advocate General, Punjab. …… RAJESH BINDAL, J. While issuing notice of motion on 14.10.2011, following contentions of learned counsel for the petitioners were noticed:- “Learned counsel for the petitioners submitted that the complainant had agreed to sell the property in question vide agreement to sell executed on 3.6.2010. The sale-deed having not executed, petitioner No.1 filed a civil suit for specific performance of agreement to sell on 16.6.2011. The FIR was got registered on 12.9.2011 with false allegations alleging trespass and theft of domestic articles valuing ` 25,000/-.” Learned counsel for the petitioners submitted that the petitioners have joined investigation. He further submitted that there was a delay of three days in lodging the FIR. Learned counsel for the State, on instructions from ASI Kulbir Singh, submitted that though the petitioners have joined investigation, however, they have not disclosed the names of persons, who had accompanied them at the time of commission of crime. Partially the recovery has also been effected from them. Criminal Misc.-M No. 29509 of 2011 2 After hearing learned counsel for the parties and considering the allegations in the FIR and also that the alleged theft is of certain domestic articles valuing ` 25,000/- and a civil suit for specific performance of agreement to sell executed in favour of the petitioner by the complainant is already pending, in my opinion, the petitioners deserves concession of pre- arrest bail. Considering the aforesaid facts, interim bail granted to the petitioners on 14.10.2011, is made absolute. The petition stands disposed of. (RAJESH BINDAL) JUDGE 25.11.2011 sharmila