IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-16780 of 2009 Date of decision : July 13, 2009 Naresh Kumar ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Pankaj Gupta, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Naresh Kumar has filed this petition for anticipatory bail in case FIR No. 46 dated 17.4.2009 under sections 406, 420, 120-B IPC, Police Station Raikot, District Ludhiana. Many farmers lodged FIR regarding non return of security and money by Bharat Bhushan Commission Agent and for stay on sale of his property, alleging that M/s Bharat Bhushan Naresh Kumar Commission Agents has kept security amount given by the complainants and has not returned the same. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner vehemently contends that the petitioner is neither partner nor proprietor of the Firm in question and has no concern with the same. Criminal Misc. No. M-16780 of 2009 -2- Learned State counsel, after getting instructions from SI Mohan Dass, contends that no evidence has yet been collected to depict that the petitioner has any concern with the aforesaid Firm but the complainants have made statements that the money was paid to Bharat Bhushan (petitioner's brother) and was thereafter counted by the petitioner. Learned State counsel also states that all the receipts have been executed by Bharat Bhushan and no document has been signed by the petitioner. In view of the aforesaid, but without meaning to express any opinion on the merits, the instant petition is allowed. In the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer, subject to the condition that the petitioner shall join the investigation as and when required and shall comply with the conditions specified in section 438(2) CR.P.C. The instant order shall remain effective till one month after the filing of challan or till decision of regular bail petition of the petitioner, whichever is earlier. The petition is disposed of accordingly. ( L.N. Mittal ) July 13, 2009 Judge 'dalbir'