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2010 DIGILAW 2442 (PNJ)

Balwinder Singh v. State of Punjab

2010-08-25

RAM CHAND GUPTA

body2010
JUDGMENT Mr. Ram Chand Gupta, J.(Oral):- The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.40 dated 05.05.2010, under Sections 420/465/468/471/120-B IPC, Police Station Cantt. Ferozepur, District Ferozepur. 2. I have heard learned counsel for the parties and have gone through the whole record. 3. This Court while issuing notice of motion on 29.07.2010 passed the following order:- “Crl.M.No.37925 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-21422 of 2010 Argues that petitioner is not the beneficiary of agreement to sell and that he has only sold stamps to the complainantvendor. Further argues that co-accused, who attested the agreement have already been released on anticipatory bail. It is further contended that main accused is still continuing in custody. Further contended that dispute is civil in nature and civil suit is already pending regarding the main agreement to sell. Notice of motion for 25.8.2010. 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.” 4. It has been stated by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 29.07.2010. 5. It has also been stated by learned counsel for the State that petitioner has joined the investigation and that he is no more required for any custodial interrogation. 6. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 7. 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 Balwinder Singh, is accepted and order dated 29.07.2010 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. 8. The present petition stands disposed of accordingly. ---------------