IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-37879 of 2010 Date of Decision: 07.01.2011 Ashok Kumar and others .... Petitioners Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. N.S. Sodhi, Advocate for the petitioners Mr. Kirat Singh Sidhu, DAG Punjab 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. 161 dated 9.9.2009 under Sections 420/465/467/468/471 IPC registered at Police Station Sahnewal. Learned counsel for the petitioners states that petitioners shall join the investigation as and when they are required to do so. He further states that as to whether agreement was ever entered into or any compromise was filed can be proved during the evidence, however, nothing is required to be recovered from the possession of the petitioners. Mr. Kirat Singh Sidhu, DAG Punjab on the instructions of SI Pal Singh has stated that petitioner has forged and fabricated one agreement allegedly executed with the applicant and thereafter he also fabricated a compromise deed and filed the said forged compromise before the police. Crl. Misc. No. M-37879 of 2010 2 In the opinion of this Court, as to whether agreement is forged/fabricated can only be decided by way of scientific evidence and other evidence. However, at this stage it seems that neither custodial interrogation is required nor anything is required to be recovered from the petitioners. Considering all the facts and circumstances of the case, present petition is allowed. It is directed that in the event of arrest, petitioners 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 petitioners shall participate in the investigation as and when they are required by the Investigating Officer to do so. In the event of failure of the petitioners in participating in the investigation, Investigating Officer shall be at liberty to move this Court for cancellation of this anticipatory bail. (ALOK SINGH) 07.01.2011 JUDGE reena