Harjinder Kaur vs State of Punjab and Another

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 438 CPC for grant of pre-arrest bail to the Petitioner in case FIR No. 212 dated 8.12.2010, registered at Police Station Sadar, Ludhiana, under Sections 420, 120B and 506 IPC.

Gurinderpreet Singh, complainant-Respondent No. 2, is a practicing Lawyer. His grievance is that qua his land, the accused had executed an agreement to sell.

Learned Counsel for the Petitioner has relied upon a judgment rendered in Mohd. Ibrahim and Ors. v. State of Bihar and Anr. 2009(4) RCR 369 to contend that it is only the prospective purchaser who can have a grievance against the seller as the right of the owner is never eclipsed with any agreement to sell where signatures of the rightful owner are not there.

The complainant is present in this Court. He submits that in case, learned Counsel for the Petitioner makes a statement that possession of the complainant will not be disturbed except in due course of law, the Petitioner may be granted pre-arrest bail.

Learned Counsel for the Petitioner makes a statement on behalf of the Petitioner that the Petitioner will not disturb the possession of complainant-Respondent No. 2 over the land in dispute except in due course of law.

In view of the statement made by learned Counsel for the Petitioner, pre-arrest bail is granted to the Petitioner. She will continue to appear and co-operate with the Investigating Agency. In case, the Petitioner fails to participate in the investigation, the Investigating Agency will be free to file an application for cancellation of bail.

With the observations made above, the present petition is disposed of.