After hearing learned counsel for the parties, it appears that main accused Paramjit Kaur, who had allegedly transferred the house of Ujjagar Singh, has been declined the concession of pre-arrest bail but Kulwinder Singh, her son, who had transferred the house further, has been granted the concession of pre-arrest bail by this court. Whether the petitioners are bona fide purchasers or they connived with the main accused or they conspired in the act of grabbing the share of other coowners of the property, is not to be adjudicated upon in the criminal litigation. It is always open to a person, who has been cheated to lodge an FIR if cloud has been cast on the right of a co-owner. It is always open to the co-owner to claim right, title or interest in the property by seeking possession or partition, in accordance with law. Without prejudice to the right of the complainant to seek right, title or interest in the property in dispute and without expression of any opinion whether the petitioners are bona fide purchasers, the petitioners can be granted the concession of prearrest bail as the case of the prosecution, so far as the petitioners are concerned, depends upon the documentary evidence, which documents have already been taken into possession by the investigating agency. In case any documents are required, the petitioners would be required to provide the said documents to the investigating agency.
