Surjit Singh And Another vs State Of Haryana on 15 May, 2009

Criminal Misc. No. M-12204 of 2009                                   1




         In the High Court of Punjab and Haryana, at Chandigarh.



                   Criminal Misc. No. M-12204 of 2009

                      Date of Decision: 15.5.2009


Surjit Singh and Another
                                                           ...Petitioners
                                 Versus
State of Haryana
                                                          ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Chanderhas Yadav, Advocate
         for the petitioners.

         Mr. S.S. Patter, Senior Deputy Advocate
         General, Haryana, for the State.

         Mr. Anil Kadyan, Advocate, complainant
         in person.


Kanwaljit Singh Ahluwalia, J. (Oral)

The present petition has been preferred under Section 438

Cr.P.C. seeking pre-arrest bail to the petitioners in case FIR No. 312

dated 24.7.2008 registered at Police Station Civil Lines, Karnal, under

Sections 406, 420, 506, & 120-B IPC.

On 5.5.2009, this Court had passed the following order:-

“Counsel has submitted that in the present

case, complainant Anil Kadiyan is an Advocate. He

had entered in an agreement to sell with Lal Singh at

the instance of Mitter Pal. Counsel has submitted
Criminal Misc. No. M-12204 of 2009 2

that petitioners are only attesting witnesses to the

agreement to sell. The allegation that even though

Lal Singh had received the earnest money, had

failed to execute the agreement to sell, will not

fasten the petitioners with any criminal liability.

Counsel has further submitted that observations

made in the impugned order that the petitioners

were witnesses to various agreements to sell will not

hold them liable for commission of any criminal act.

Issue notice of motion for 15th

May, 2009.

In the event of arrest, petitioners shall be

released on interim bail to the satisfaction of the

arresting officer. However, petitioners shall join

investigation as and when called for. Petitioners

shall abide by the conditions specified under Section

438(2) Cr.P.C.”

Today, Mr. S.S. Patter, Senior Deputy Advocate General,

Haryana, has stated that on basis of first agreement to sell, about 30

agreements to sell have been executed and petitioners are party to the

conspiracy to dupe various persons.

Counsel for the State has stated that investigation will be

completed and final report under Section 173 Cr.P.C. will be submitted

within 15 days from today.

Since the final report under Section 173 Cr.P.C. will be

submitted within 15 days, petitioners are allowed to remain on pre-arrest
Criminal Misc. No. M-12204 of 2009 3

bail. However, thereafter, petitioners shall apply for regular bail and the

trial Court, taking into consideration the evidence collected by the

Investigating Agency, shall decide the regular bail application on merits.

At this stage, it will not be appropriate to comment upon merits

of the case.

With the observations made above, the present petition is

disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
May 15, 2009
“DK”