High Court Punjab-Haryana High Court

Present: Mr. D.S. Sandhu vs Unknown on 9 March, 2009

Punjab-Haryana High Court
Present: Mr. D.S. Sandhu vs Unknown on 9 March, 2009
                     Crl. Misc. No. M- 5970 of 2009



Palwinder Singh                         v.           State of Punjab



Present:       Mr. D.S. Sandhu, Advocate for the petitioner.

               Mr. P.S. Sidhu, Addl. A.G., Punjab.

                           ***

Heard counsel for the parties.

The petitioner seeks pre-arrest bail in a case registered against him for

the offences under Sections 379, 447, 427 and 506 IPC.

The FIR has been registered on the statement of Jaswinder Kaur

complainant who has inter alia alleged that she has bought approximately 7 marlas of

land in Village Khera Dona from Maninder Pal Singh and Satinder pal Singh sons of

Kashmir Singh. She was getting a wall constructed on the plot on 27.1.2009. Then

the ladies from petitioner’s side stopped the mason from constructing the wall. The

Police was called by the complainant. However, the persons from the petitioner side

could not produce any document. When the Police left the place it is alleged that the

petitioner struck his Scorpio vehicle in the newly constructed wall. Besides, five

cement bags, two spades and two halwandas were stolen by the petitioner in his

vehicle. It may be noticed that except for theft of the articles, the other offences are

bailable. The learned Additional Sessions Judge, Kapurthala vide order dated

19.2.2009 (Annexure P4) granted pre-arrest bail to the accused other than the

petitioner.

Learned counsel for the petitioner has submitted that the allegations of

theft that have been attributed to the petitioner are only to make out the non-bailable

offence. Otherwise, the petitioner is willing to even purchase the articles and give it

to the complainant.

Crl. Misc. No. M- 5970 of 2009 [2]

In the circumstances, the Crl. Misc. petition is allowed and in the event

of arrest, the petitioner shall be admitted to interim bail on his furnishing personal

bond and surety to the satisfaction of the arresting/investigation officer. The

petitioner shall however join investigation as and when called and shall abide by the

conditions of Section 438(2) CrPC.


                                                   (S.S. SARON)
March 9, 2009                                         JUDGE
amit