CRM No. M-31900 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-31900 of 2010 (O&M) Date of decision: 28.01.2011 Avtar Singh and another ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. P.S. Ahluwalia, Advocate, for the petitioners. Mr. K.D. Sachdeva, Addl. A.G., Punjab. Mr. Vikas Singh, Advocate, for the complainant. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This is an application seeking anticipatory bail in FIR No.90 dated 10.10.2010 under Sections 420/34 of the Indian Penal Code at Police Station Ghanaur, District Patiala. This Court vide order dated 17.12.2010 has directed to release the petitioners on interim bail. Learned Additional Advocate General, Punjab, on the instructions of ASI Gurmukh Singh, who is present in Court, has stated that petitioner has joined the investigation. Learned counsel for the complainant has stated that petitioners have played fraud while entering into the agreement to sell to sale entire property including the share of their uncle while they were not owners to the extent of 1/6th share of the uncle. CRM No. M-31900 of 2010 (O&M) -2- Learned counsel for the petitioner has stated that in the present case, civil dispute has been given the colour of criminal offence, which is not permissible as per the dictum of the Hon'ble Apex Court in the matter of Dhariwal Tobacoo Products Ltd. Vs. State of Maharastra, 2009(2) SCC 370. Keeping in view all the facts and circumstances of the case in mind, petition is allowed. Order dated 17.12.2010 is made absolute, subject to the conditions mentioned under Section 438(2) Cr.P.C. However, it is clarified that petitioners shall keep on co-operating in the investigation and if they fail to do so Investigating Officer shall be at liberty to get the bail cancelled. (Alok Singh) Judge January 28, 2011 R.S.