Crl. Misc No. M 19654 OF 2011 ****** Balbir Singh and others vs State of Punjab Present : Mr. Veenet Sharna, Advocate for the petitioners. Mr. S.S.Gill, DAG Punjab Mr. Sarabjit Singh, Advocate for the complainant. ******* The petitioners seek grant of anticipatory bail in case FIR No.95, dated 27.4.2011, registered under Section 379 of the IPC, at Police Station Jandiala, District Amritsar. The dispute is with regard to the ownership and possession of the land in dispute. Both parties are claiming that they are owners in possession. Counsel for the petitioners has very fairly stated that without prejudice to the claim of the petitioners that they are owners in possession, the petitioners would have no objection in making a Fixed Deposit for the amount of Rs.40,000/- in favour of the Ilaqa Magistrate with the condition that the said money along with interest accrued thereon will be released to the party who would be found entitled thereto at the end of the case. I find it to be a fair request. In the circumstances, it is directed that the petitioners will make a Fixed Deposit for the sum of Rs.40,000/- within one month from today in the name of the Ilaqa Magistrate with a clear stipulation that this would be without prejudice to their claim that they are owners in possession of the land in dispute. It is further directed that the money of Fixed Deposit along with interest accrued thereon would be Crl.Misc No. M 19654 of 2011 : 2 : handed over by the Ilaqa Magistrate to the party found entitled thereto by the trial Court. Let the petitioners appear before Investigating Officer on 7.9.2011 along with a copy of the order of the Ilaqa Magistrate evidencing the creation of the FD and its custody with the said Court, and on their appearance, the petitioners will be released on anticipatory bail by the Investigating Officer to his satisfaction subject to the conditions as laid down in Section 438(2) of the Cr.P.C. It is, however, made clear that in case the petitioners fail to comply with this order within the stipulated period as aforesaid, this petition would be deemed to be dismissed. Petition stands disposed of. ( AJAY TEWARI ) August 04, 2011. JUDGE `kk'