Crl.M.No.M-5791 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. 1. Crl.M.No.M-5791 of 2010 (O&M) Anil Sethi .....Petitioner v. State of Punjab ......Respondent 2. Crl.M.No.M-6909 of 2010 (O&M) Baldev Singh .....Petitioner v. State of Punjab .....Respondent Date of Decision: March 31, 2010 CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Ashutosh Hoshiarpuri, Advocate for the petitioner in Crl.M.No.M-5791 of 2010. Mr.Aminder Singh, Advocate for the petitioner in Crl.M.No.M-6909 of 2010. Mr.Gaurav Garg Dhuriwala, AAG, Punjab. ...... RAM CHAND GUPTA, J.(Oral) This order will dispose of both the aforementioned petitions bearing Crl.M.Nos.M-5791 and 6909 of 2010, filed by Anil Sethi and Baldev Singh, respectively, under Section 438 Cr.P.C., for grant of anticipatory bail to them in case FIR No.102, dated 12.9.2009, under Sections 420/465/467/468/471/120-B IPC, registered at Police Station Sadar Dhuri, District Sangrur. I have heard learned counsel for the parties and have gone through the whole record carefully. Crl.M.No.M-5791 of 2010 (O&M) -2- This Court while issuing notice of motion in Crl.M.No. M-5791 of 2010 passed the following order on 26.2.2010: “Crl.M.No.10447 of 2010 Application is allowed subject to all just exceptions. Main case Argues that petitioner is posted as Accountant in the bank and it was not part of his duty to process the loan applications and hence, the same was not processed by him. It is further argued that loan was sanctioned by co-accused, who was the then Branch Manager of the bank after obtaining legal opinion from the empanelled Advocate of the bank. Notice of motion for 31.3.2010. However, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C. .” This Court while issuing notice of motion in Crl.M.No. M-6909 of 2010, passed the following order on 10.3.2010. “Argues that loan was taken in the year 2006 and that the entire loan was repaid in that year itself. Notice of motion for 31.3.2010. However, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C. To be heard alongwith Crl.M.No.M 5791 of 2010.” It has been stated by learned counsel for the petitioners that pursuant to the said orders, the petitioners have already joined the investigation. It has also been stated by learned counsel for the petitioners that the entire loan, which was taken in the year 2006, was repaid within seven days' of its taking and nothing is to be recovered by the bank. It has been stated by learned State counsel as well, on instructions from Harjinder Singh, HC, that the petitioners have joined the Crl.M.No.M-5791 of 2010 (O&M) -3- investigation and that they are no more required for any custodial interrogation by the police. 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. In view of these facts and without expressing any opinion on the merits of the case, orders dated 26.2.2010 and 10.3.2010, granting interim bail to petitioners- Anil Sethi and Baldev Singh, are, hereby confirmed subject to the compliance of conditions contained in Section 438(2) Cr.P.C. The present petitions stand disposed of accordingly. 31.3.2010 (Ram Chand Gupta) meenu Judge