RAM CHAND GUPTA - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.126 dated 19.10.2011 under Sections 420, 406 read with Section 120-B of Indian Penal Code, registered at Police Station C-Division, District Amritsar City.
(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 petitioner. This Court while issuing notice of motion on 29.3.2012 passed the following order:- "Crl.M.No.18565 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-8859 of 2012 Contends that even as per allegations in the FIR the dispute between the parties is civil in nature as there was business dealings between the petitioner and the complainant. Notice of motion to Advocate General, Punjab, for 26.4.2012. 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." It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 29.3.2012.
(3.) IT has also been stated by learned counsel for the State that petitioner has joined the investigation, however, bail application has been opposed on the plea that recovery is to be effected. The dispute between the parties is civil in nature as there were business dealings between the petitioner and the complainant. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.;