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Raj Kumar vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 13 January 2011 · Citation: (2011) 3 RCR(Criminal) 99

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438, 438(2) · Penal Code, 1860 (IPC) — Section 420, 467, 468, 471
RESULT
Allowed
CASE NUMBER
Misc. No. M-38451 of 2010
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Judgment

4 paragraphs · 225 words

Alok Singh, J.—This is an application u/s 438 Code of Criminal Procedure seeking anticipatory bail in a case FIR No. 138 dated 31.7.2010 under Sections 420, 467, 468, 471 IPC registered at Police Station Dhaliwal, District Gurdaspur.

2.

Having heard learned Counsel for the parties and having perused the record, it seems that there is a business transaction dispute between the complainant and the Petitioner.

3.

Hon''ble Apex Court in the matter of Dhariwal Tobacco Products Limited and Ors. v. State of Maharashtra and Anr. reported in 2009(1) SCC 806 has observed that civil dispute should not be given colour of the criminal offence and Court in such a situation must come in rescue of the accused.

4.

Considering all the facts and circumstances of the case, present petition is allowed. It is directed that in the event of arrest, Petitioner shall be released on bail on furnishing personal bond and one surety each of Rs. 20,000/-to the satisfaction of the Investigating Officer subject to the conditions mentioned u/s 438(2) Code of Criminal Procedure However, it is clarified that Petitioner shall participate in the investigation as and when he is required by the Investigating Officer to do so. In the event of failure of the Petitioner in participating in the investigation, Investigating Officer shall be at liberty to move this Court for cancellation of bail.