In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 34907 of 2009 Date of decision: 25.1.2010 Sham Lal ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Rahul Bhargav, Advocate for Mr.GBS Dhillon, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by petitioner -Sham Lal under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 114 dated 29.8.2009, under Section 406 of the Indian Penal Code at Police Station Jalabad City, District Ferozepur. While issuing notice of motion, the following order was passed by this Court on 10.12.2009:- “ Contends that the matter pertains to the shortage of paddy and according to the calculation as per Criminal Misc. No.M- 34907 of 2009 -2- the rates prevalent at that time the total amount of paddy comes to Rs.90 lacs out of which Rs.85 lacs have already been paid and more than Rs. 5 lacs are pending as security with the complainant. Further contends that at best it can be a monetary dispute and the petitioner cannot be burdened with any criminal liability. He further contends that Rs.5,000/- have already been paid by the petitioner, meaning thereby that the accounts of the petitioner and complainant have been settled. That apart, the matter has been referred to the arbitrator as per the agreement which contemplates such a remedy. Notice of motion for 25.1.2010. In the meantime, in the event of arrest, the petitioner shall be released on anticipatory bail to the satisfaction of the Investigating/ Arresting Officer subject to the following conditions:- (i) He will make himself available for investigation as and when required to do so; (ii) He will not leave the country without the prior permission of the Court. iii) He will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police official” Criminal Misc. No.M- 34907 of 2009 -3- Learned State counsel, on instructions from HC Darshan Singh, has submitted that the petitioner has joined investigation in terms of the order reproduced above. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail dated 10.12.2009 is made absolute. (SABINA) JUDGE January 25, 2010 anita