Case No: CRM No.M-11294 of 2012 (O&M) Date of Decision: June 11 & Ors. v. State of Punjab

CORAM: HON'BLE MR. JUSTICE L.N.MITTAL Present: Mr.M.K.Garg, Advocate for the petitioners. Mr.Jitender Sharma, DAG, Punjab. Mr.Arihant Jain, Advocate for the complainant. ***** L.N.MITTAL, J.(ORAL) By this common order, I am disposing of two petitions i.e. CRM No.M-11294 of 2012 filed by Ranjit Kaur and four others and CRM No.M-15017 of 2012 filed by Surjit Singh and two others, all seeking anticipatory bail in FIR No.10 dated 04.03.2012 registered under Sections 447, 420, 120-B, 506, 148 and 149, Police Station Bhadaur, District Barnala. Counsel for the petitioners as well as State counsel on instructions from Head Constable Gurswaranjit Singh stated that Balwinder Singh-petitioner No.2 in CRM No.M-15017 2012 has since committed suicide. Accordingly, said petition qua Balwinder Singh- petitioner No.2 is disposed of as having been rendered infructuous. CRM No.M-11294 of 2012 -2- I have heard learned counsel for the parties and perused the case files.

According to the prosecution version, house of complainant Balbir Singh alias Mohammad Yusuf (non-resident Indian residing in Malaysia) has been taken possession of by petitioner-Surjit Singh in connivance of other co-accused and said petitioner-Surjit Singh has also not paid lease money of agricultural land of the complainant since the year 1998 till the year 2011 when the complainant sold the said agricultural land. As regards recovery of lease money of the agricultural land, prima facie criminal action cannot be initiated. The complainant can seek civil remedy as regards the lease money. Allegation is against petitioner-Surjit Singh only that he has taken forcible possession of complainant's house in the absence of the complainant. Allegation against remaining co-accused is very vague and general that Surjit Singh has taken possession of the house in connivance with other co-accused. There is no specific allegation against any co-accused or remaining petitioners.

In view of the above and without commenting on the merits of the case, no ground for granting anticipatory bail to Surjit Singh-petitioner No.1 in CRM No.M-15017 of 2012 is made out and the same is accordingly dismissed qua Surjit Singh. However, there is sufficient ground of extending concession of bail to remaining petitioners of both the cases. Accordingly, CRM No.M-15017 of 2012 is allowed qua Gurpreet Singh-petitioner No.3 and CRM No.M-11294 of 2012 is CRM No.M-11294 of 2012 -3- allowed qua all the five petitioners and in the event of arrest, all the said six petitioners are ordered to be released on bail to the satisfaction of arresting officer, subject to the conditions that they shall join investigation as and when required by the police and shall comply with the conditions specified in Section 438(2) of the Code of Criminal Procedure. Presently, the said six petitioners are directed to join investigation on 18.06.2012 at 10.00 A.M. and they shall continue to do so as and when required by the police. June 11, 2012 Vgulati (L.N.MITTAL) JUDGE