DHARAM SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been moved by Dharam Singh, Labh Singh, Punjab Singh and Gulab Singh under Section 438 of Cr.P.C. seeking their anticipatory bail in F.I.R. No. 363 dated 24.10.2009 under Sections 420, 120-B read with Section 13-A of Punjab Village Common Lands (Regulation) Act, 1961, registered at Police Station Samana, District Patiala.

(2.) The facts in brief are that Civil Writ Petition No. 4566 of 2007 was allowed setting aside the impugned orders dated 22.12.1994 and 2.5.1996. The Senior Superintendent of Police, Patiala as well as Deputy Commissioner, Patiala were directed to inquire into the matter and take appropriate civil as well as criminal action against all those responsible for committing the fraud with the Gram Panchayat. During investigation, it was revealed that Ajmer Singh the then Sarpanch had not pursued the case of the Gram Panchayat deliberately in a proper manner with intention to transfer land measuring 204 Kanals 7 Marlas of Gram Panchayat, Bathoi Khurd in favour of his brother Mehar Singh, his nephews Dharam Singh, Labh Singh, Panjab Singh and Gulab Singh (referring to the petitioners) and intentionally filed the appeal after expiry of limitation. Besides this, Ajmer Singh had withdrawn the Civil Writ Petition filed before this Court and then he did not file fresh petition with intention to give benefit to his brother, nephews and sons.

(3.) I have heard the learned Counsel for the parties, besides perusing the record with due care and circumspection.