ALOK SINGH, J. - (1.) THIS is an application under Section 438 Cr.P.C. 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.
(2.) 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. vs. 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 vs. State of Maharashtra and others, reported in 2011(1) RCR (Criminal) 127, irrational or indiscriminate arrest should be avoided.
(3.) 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.;