CRM No. M-4593 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-4593 of 2011 (O&M) Date of decision: 02.05.2011 Darshan Singh and others ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Gautam Dutt, Advocate, for the petitioners. Mr. K.D. Sachdeva, Addl. A.G., Punjab. Mr. T.S. Sangha, Sr. Advocate, with Mr. Balwinder 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 case FIR No.163 dated 10.12.2010 under Sections 420/419/465/467/468/471/120- B IPC, Police Station Moonak, District Sangrur. This Court vide order dated 28.2.2011 has directed to release the petitioners on interim bail. Learned counsel for the petitioners states that in a civil suit filed by the petitioners, ad interim injunction was granted by the civil Court on 13.11.2010 and thereafter, present FIR was lodged on 10.12.2010. He further states that a civil dispute has been given the colour of criminal offence, which is not permissible in view of the judgment of the Apex Court in the matter of Dhariwal Tabacco Products Ltd. Vs State of Maharashtra, 2009(2) SCC 370. He further states that this is not the case where petitioners have cheated the complainant, rather petitioners have also been cheated by the impostors. Mr. K.D. Sachdeva, learned Additional Advocate General, Punjab, on instructions from Inspector Sarabjit Singh, who is personally CRM No. M-4593 of 2011 (O&M) -2- present in Court, states that petitioners are co-operating in the investigation. Custodial interrogation is not requested for. Mr. T.S. Sangha, learned Senior Advocate, assisted by Mr. Balwinder Singh, learned counsel appearing for the complainant, has vehemently opposed the bail application saying that petitioner himself has made the complainant to understand that his cousin Hakam Singh is Darshan Singh and now Darshan Singh is saying that he has not executed the agreement to sell. Considering totality of the facts and circumstances of the case, specially the version of the prosecution that custodial interrogation is not required, petition is allowed. Order dated 28.2.2011 is made absolute, subject to the following conditions: - i) that they shall make themselves available for interrogation by a police officer as and when required; ii) that they shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; iii) that they shall not leave India without the previous permission of the Court. It is made clear that in the event of violation of any of the conditions, prosecution shall be at liberty to move for cancellation of the bail. (Alok Singh) Judge May 02, 2011 R.S.