JUDGEMENT
RAM CHAND GUPTA,J. -
(1.) THIS order will dispose of both the aforementioned petitions
filed for anticipatory bail under Section 438 of Code of Criminal Procedure
in FIR no. 2 dated 19.04.2012, under Sections 419/420/467/468/471/120B
IPC, registered at police station NRI District Ludhiana.
(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned orders passed by learned
Additional Sessions Judge, Ludhiana dismissing bail applications filed on
behalf of the petitioners.
This Court while issuing notice of motion on 28.05.2012 passed the following order in Crl.Misc. No.M-15359 of 2012:-
"Crl.M.No.30985 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-15359 of 2012 Contends that petitioner is son of vendee and is having no role to play in this transaction. It is further submitted that petitioner has not signed any document. Further submitted that he is not even a witness to the sale-deed and that he is being implicated being son of vendee, namely, Satpal. It is further submitted that even father of petitioner has been cheated as Rs.33 lacs were received from him by the alleged impersonator, who was identified by Sahil Verma, Baljit Singh Gill and Mohinder Singh, who have already been arrested. Notice of motion to Advocate General, Punjab, for 5.7.2012. However, in the meantime, 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. To be heard alongwith Crl.M.No.M-15175 of 2012."
(3.) THIS Court while issuing notice of motion on 19.07.2012 passed the following order in Crl.Misc. No.M-20074 of 2012:-
"Crl.M.No.38875 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-20074 of 2012 It has been stated by learned counsel for the petitioner that petitioner would withdraw the civil suit already filed by the petitioner against complainant. It has also been contended that petitioner is also ready to get the sale deed and mutation of the plot in dispute cancelled and that he is ready to make statement before the concerned authority in this regard. Notice of motion for 27.8.2012. However, in the meantime, 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. Mr.Inderjeet Sharma, Advocate, who is present in Court, puts in appearance on behalf of the complainant."
It has been contended by learned counsel for the petitioners that
they have already joined the investigation pursuant to said orders dated
28.05.2012 and 19.07.2012. It is also stated that petitioner -Satpal Goel had already made a statement in favour of the complainant in the pending civil
litigation for cancellation of sale deed and that decree has also been passed in
favour of complainant.;
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