Cr.M.P.(M) No. 1066 of 2008 29.10.2008 Present: Mr. Deepak Kaushal, Advocate for the petitioners. Mr. R.K.Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. for the respondent. This is an application under Section 438 of the Code of Criminal Procedure for granting anticipatory bail to the petitioners in case F.I.R. No. 253 of 2008 dated 28.9.2008 registered at Police Station, Sadar Nahan, District Sirmaur, H.P. under Sections 420, 406, 506 and 120-B of the Indian Penal Code. Mr. Deepak Kaushal has strenuously argued that his clients are innocent persons and have been falsely implicated in the case by the complainant. He further submits that the execution of the power of attorney in favour of his client is not in dispute. The learned Senior Additional Advocate General has resisted the bail application. I have the learned counsel for the parties and have gone through the record. The parties are closely related. The investigation in the case is almost complete. No recoveries whatsoever are to be effected from the petitioners. The power of attorney was executed in favour of the petitioner-Parul on 15.12.2007. The relinquishment deed is dated 22.12.2007. The cancellation deed of the General Power of Attorney is dated 9.5.2008. Prima facie, it appears to be a civil dispute. In view of this, the petitioner has made out a case for grant of bail under Section 438 of the Code of Criminal Procedure. Accordingly, the application is allowed. The petitioners are ordered to be released on bail in the case FIR No. 253 of 2008 registered on 28.9.2008 at Police Station, Sadar Nahan, District Sirmaur, H.P.under Sections 420, 406, 506 and 120-B of the Indian Penal Code on their furnishing personal bonds in the sum of Rs. 10,000/- each with one surety of the like amount to the satisfaction of the learned Sessions Judge, Sirmaur at Nahan. The petitioners shall not tamper with the prosecution evidence in any manner. The observations made in this order are for the disposal of this application and these shall not be treated as an expression/opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. October 29, 2008. (cr)