IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-38451 of 2010 Date of Decision: 13.01.2011 Raj Kumar .... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Gourave Bhayyia, Advocate for the petitioner Mr. Kirat Singh Sidhu, DAG Punjab Mr. Ritesh Kumar, Advocate for the complainant 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) This is an application under Section 438 Cr.P.C. seeking anticipatory bail in a case FIR No. 138 dated 31.7.2010 under Sections 420, 467, 468, 471 IPC registered at Police Station Dhaliwal, District Gurdaspur. Having heard learned counsel for the parties and having perused the record, it seems that there is a business transaction dispute between the complainant and the petitioner. Hon'ble Apex Court in the matter of Dhariwal Tobacco Products Limited and others vs. State of Maharashtra and another, reported in 2009(1) SCC (Criminal) 806 has observed that civil dispute should not be given colour of the criminal offence and Court in such a situation must come in rescue of the accused. Considering all the facts and circumstances of the case, present petition is allowed. It is directed that in the event of arrest, Crl. Misc. No. M-38451 of 2010 2 petitioner shall be released on bail on furnishing personal bond and one surety each of Rs. 20,000/- to the satisfaction of the Investigating Officer subject to the conditions mentioned under Section 438(2) Cr.P.C. However, it is clarified that petitioner shall participate in the investigation as and when he is required by the Investigating Officer to do so. In the event of failure of the petitioner in participating in the investigation, Investigating Officer shall be at liberty to move this Court for cancellation of bail. (ALOK SINGH) 13.01.2011 JUDGE reena