RAM CHAND GUPTA,J - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 102 dated 14.07.2012, under Section 420 IPC, registered at police station Ajnala, District Amritsar.
(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Amritsar dismissing anticipatory bail application filed on behalf of the petitioners. This Court while issuing notice of motion on 19.11.2012 passed the following order:- "Crl.M.No.68839 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M- 36156 of 2012 Contends that admittedly Dara Singh, Piara Singh and Kartar Singh had executed power of attorney in favour of petitioner no.1 and Piara Singh had expired later on, i.e., 20.10.2010. Further submitted that factum of death of Piara Singh was not in the knowledge of petitioner no.3 and hence, he executed sale deed on the basis of said power of attorney in favour of petitioners no.1 and 2. Further contends that even legal heirs of Piara Singh are not disputing the power of attorney and the fact that factum of death of Piara Singh was not brought to the notice of respondent no.3 by them. Further submitted that they have submitted affidavits in this regard, which are Annexures P1 and P2. It is further contended that, in fact, there is dispute regarding inheritance of property left by Smt.Guro, mother of Piara Singh and others and, however, civil dispute regarding the same is pending between Subeg Singh and others and petitioners no.1 and 2 as well as sons of Smt.Guro, i.e. Dara Singh, Piara Singh and Karta Singh and that Gurdeep Singh son of Avtar Singh is claiming Will executed by Guro in his favour. Notice of motion to Advocate General, Punjab, for 14.12.2012. However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they 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."
(3.) IT has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 19.11.2012.;