Sher Jung Singh vs State of Punjab

Alok Singh, J.—This is an application u/s 438 Code of Criminal Procedure seeking anticipatory bail in a case FIR No. 479 dated 24.11.2010 under Sections 420, 166, 167, 120-B IPC registered at Police Station Division No. 5, Civil Lines, Ludhiana.

This Court vide order dated 24.12.2010 has granted interim bail in favour of the Petitioner.

Learned Counsel for the Petitioner has stated that in compliance of order dated 24.12.2010, Petitioner has joined the investigation. Learned Counsel has further stated that civil dispute has been given colour of the criminal offence and in such event Court must rescue the Petitioner in view of the judgment of Hon''ble Apex Court in the matter of Dhariwal Tobacoo Products Ltd. v. State of Maharashtra reported in 2009 (2) SCC 370. Learned Counsel has further stated that as per the dictum of the Apex Court in the matter of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in 2011 (1) RCR 127 irrational or indiscriminate arrest should be avoided.

Ms. Bhavna Gupta, DAG Punjab on the instructions of HC Manjit Singh has stated that Petitioner has participated in the investigation, however, agreement to sell has not been recovered so far.

Learned Counsel for the complainant has vehemently opposed the anticipatory bail to the Petitioner.

Considering all the facts and circumstances of the case, order dated 24.12.2010 is made absolute. However, Petitioner shall abide by the conditions mentioned u/s 438(2) Code of Criminal Procedure.

Petition stands disposed of accordingly.