IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 18766 of 2010(O&M) Date of Decision: August 2, 2010. Gurdeep Singh and another. ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Kanwaljit Singh, Sr.Advocate with Mr. Naresh Jain, Advocate for the petitioners. Mr. K.D.Sachdeva, Addl.A.G., Punjab. Mr. Suresh Goel, Advocate for the complainant. ***** RAM CHAND GUPTA, J.(Oral) CRM No.38555 of 2010 Application is allowed subject to all just exceptions. CRM No.38554 of 2010 Requests for placing on record Annexures P5 to P7. The same are taken on record subject to all just exceptions. CRM stands disposed of. CRM No.M-18766 of 2010 CRM No.M-18766 of 2010 The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.160 dated 17.06.2010, under Sections 420/467/468/471/120B, registered at Police Station City Barnala, District Barnala. I have heard learned counsel for the parties and have gone through the whole record. This Court while issuing notice of motion on 05.07.2010 passed the following order:- “Argues that dispute between the parties is of civil in nature and that in fact petitioner No.1-Gurdeep Singh had given Rs.6,00,000/- to Gurmail Kaur after drawing the amount from the bank as per Annexure P-1. Further contended that Gurmail Kaur has not denied her thumb impression on the agreement. Further contended that petitioner No.1 has also filed civil suit for recovery of the above said amount of Rs.6,00,000/- and however, instead of returning the said amount, present false FIR has been registered against the petitioners and father of petitioner No.1 Ajaib Singh, who has since been arrested. Notice of motion for 02.8.2010. However, in the meantime petitioners are directed to join the investigation and in case of arrest, they be released on interim bail to the satisfaction of Arresting Officer subject to compliance of conditions contained in Section 438(2) Cr.P.C.” It has been stated by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 05.07.2010. It has also been stated by learned counsel for the State that petitioners have joined the investigation. However, bail application has been opposed by learned counsel for the State and learned counsel for the complainant. 2 CRM No.M-18766 of 2010 Dispute between the parties is civil in nature and civil suit is already pending. Petitioners have already joined the investigation and they have also placed on record disputed agreement to sell. It has been contended by learned counsel for the petitioners that original agreement to sell is lying on the file of the civil suit. There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Gurdeep Singh and Gurbinder Singh, is accepted and order dated 05.07.2010 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. ( RAM CHAND GUPTA ) August 2, 2010. JUDGE 'om' 3