CRM-M No.14006 of 2011 (O&M) *** Kulwant Kaur and another Vs. State of Punjab Present: Mr. S.P.S. Sidhu, Advocate for the petitioners. Mr. Gazi Mohammad, D.A.G., Punjab. Mr. K.S. Kahlon, Advocate for the complainant. **** This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case F.I.R. No.51 dated 05.04.2011 registered under Section 420 IPC at Police Station City Batala, District Batala. On 09.05.2011 the following contention was noticed:- “Learned counsel has argued that as per the FIR the allegations constitute a civil action and at least one year prior to this occurrence, the complainant had filed a suit for specific performance against the petitioners which is pending.” Learned Deputy Advocate General on instructions from ASI Darshan Singh has accepted this factual assertion. Learned counsel for the complainant has however argued that conduct of the petitioners can be seen from the fact that on the one hand they have annexed copy of the plaint dated 06.05.2010 CRM-M No.14006 of 2011 (O&M) -2- filed by the complainant as an annexure with this petition but on the other hand they are evading service in that suit. He has further argued that it would be necessary for the police to interrogate the petitioners so that the investigation can proceed in the matter. Learned counsel for the petitioners has undertaken that the petitioners would appear in the civil suit on the next date of hearing and would also appear before the Investigating Officer as and when required. Keeping in view this undertaking, it is directed that the petitioners shall appear before the Investigating Officer on 27.05.2011 between 10 A.M. to 04 P.M. and on any other as and when his presence is required. On petitioners’ appearance they would be admitted on bail to the satisfaction of the Investigating Officer subject to the conditions envisaged under Section 438(2) Cr.P.C. In case the petitioners do not appear before the Investigating Officer or do not appear before the Civil Court their bail would be liable to be cancelled on this short ground. Petition stands disposed of. ( AJAY TEWARI ) MAY 24, 2011 JUDGE ashish