1. Crl. Misc No. M 14872 of 2011 Gurnam Singh and others vs State of Punjab 2. Crl.Misc No. M 15447 of 2011 Harmesh Chander and others vs State of Punjab ****** Present : Mr. P.S.Khurana, Advocate for the petitioners. Mr. S.S.Bhinder, Sr. Addl. A.G Punjab Mr. Kamal Narula, Advocate for the complainant. ******* This order shall dispose of Crl. Misc Nos. M 14872 and 15447 of 2011, as both these cases arise from the same FIR. The petitioners seek grant of anticipatory bail in case FIR No.65, dated 21.4.2011, registered under Sections 379, 440, 447, 511, 149 of the IPC, at Police Station Fazilka, District Ferozepur. The main argument of counsel for the complainant is that the wheat which sown by the complainant was forcibly harvested by the petitioners. On 16.5.2011, the following contentions were noticed :- “ Learned counsel for the petitioners states that alleged incident was of 18.04.2011; while FIR in question was registered against the petitioners on 21.4.2011 and thereafter, on 23.4.2011, complainant filed a civil suit for permanent injunction stating therein that complainant party is in possession and petitioners- accused are threatening to interfere in their possession. Learned counsel has argued that to constitute an offence under Section 379 IPC, possession of the complainant party is sine qua non which is yet to be established in a civil suit where complainant is seeking interim protection.” Counsel for the petitioners has argued that the present is a case Crl.Misc. No. M 14872 of 2011 : 2 : where there is civil dispute and, therefore, the petitioners should be granted the concession of anticipatory bail. Counsel for the complainant has vehemently opposed the prayer. In my opinion, the interest of justice would be served if the petitioners make a deposit of Rs.15,000/- by way of Fixed Deposit with the Ilaqa Magistrate and the said amount would be released to the party whichever is found entitled to the same on the conclusion of the proceedings along with interest accrued thereon. Counsel for the petitioners undertakes to make the said deposit on or before 1.8.2011. In the circumstances, interim orders dated 16.5.2011 passed in Crl. Misc No. M 14872 of 2011 and dated 23.5.2011 passed in Crl. Misc No. M 15447 of 2011 are made absolute. Needless to say that in case the said deposit is not made by the petitioners, as directed above, the concession of bail would be liable to be withdrawn. Petitions stand disposed of. ( AJAY TEWARI ) July 04, 2011. JUDGE `kk'