IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-26778 of 2009 (O&M) Date of Decision: July 13, 2010 Raj Kumar Gupta and others ........Petitioners Versus State of Haryana ........Respondent CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. P.K.Gupta, Advocate for the petitioner Nos. 1 to 5 and 7 to 10. Mr.A.K.Chopra, Senior Advocate with Mr.Harminder Singh, Advocate for petitioner No.6 Mr. Satyaveer Singh Yadav,Deputy Advocate General Haryana Mr. A.S. Virk, Advocate for the complainant. SABINA, J. Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 257 dated 20.8.2009, under Sections 406,408,420,423,467,468,471 and 120-B of Indian Penal Code registered at Police Station Shahbad District Kurukshetra. At the time of issuance of notice of motion, the following order was passed on 23.9.2009:- "Counsel for the petitioners submits that the alleged occurrence of the sale deed, which has Crl. Misc. No. M-26778 of 2009 (O&M) -2- been made the basis for registration of the present FIR, is of the year 2001 and the present FIR came into existence after a period of nine years. He further refers to the various civil litigations pending between the parties qua the same sale deed and he, on that basis, submits that the present case primarily is of civil nature and despite the proceedings in the civil suit having been stayed by the learned trial Court, the complainant has proceeded to register the present FIR. He further contends that the petitioners are ready and willing to join investigation as and when required. Counsel for the petitioners further submits that the petitioners have filed Crl.Misc. No. M-25189 of 2009 titled as Raj Kumar Gupta and others vs. State of Haryana and others, in which the prayer is for quashing of the FIR in question and notice of motion has been issued for 20.10.2009. Notice of motion for 20.10.2009. To be heard along with Crl.Misc. No. M- 25189 of 2009. Arrest of the petitioners shall remain stayed till the next date of hearing subject to the following conditions:- i) The petitioners shall make themselves available for interrogation as and when required; Crl. Misc. No. M-26778 of 2009 (O&M) -3- ii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and iv) The petitioners shall not leave India without the previous permission of this Court” Learned State counsel, who is assisted by ASI Raj Pal Singh, has submitted that in terms of the above order, petitioners have joined the investigation and are not required for further investigation. Accordingly, without expressing any opinion on the merits of the case, interim bail granted by this Court vide order dated 23.9.2009 is made absolute. The petition stands disposed of accordingly. (SABINA) July 13, 2010 JUDGE Arya