- (1.) On February 16, 2012, this Court had passed the following order: The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of FIR No. 66 dated 15.4.2011, registered at Police Station City, Kapurthala, under Sections 420 and 406 IPC. Learned counsel for the petitioner contends that in the FIR, it has been stated by the complainant that he was remitting different amounts to the petitioner, who is his sister. Learned counsel submits that another allegation levelled in the FIR is that the petitioner was receiving the lease amount of the land which vested in her father Gajjan Singh. Learned counsel further submits that in the FIR, the complainant has made a grievance that on demand the petitioner has refused to pay the amount which she was receiving from him. He further submits that no criminal offence is made out against the petitioner and the liability, if any, is civil in nature. Criminal Misc. No. M-4655 of 2012 (O&M) Issue notice of motion to Advocate General, Punjab, for 5.3.2012. Meanwhile, in the event of arrest, the petitioner shall be admitted to interim bail on her furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however, join the investigation as and when called for and she will also abide by the conditions as specified under Section 438(2) Cr.P.C.
(2.) Counsel for the State, on instructions from Darshan Singh ASI, Police Station City Kapurthala, states that the petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency.
(3.) For the reasons stated in order dated February 16, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The interim pre-arrest bail granted to the petitioner vide order dated February 16, 2012 is made absolute and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting/investigating officer. However, she shall continue to appear before the investigating agency as and when called-for till filing of a report under Section 173 Cr.P.C. She shall also abide by the conditions specified under Section 438 (2) Cr.P.C. On submission of the report under Section 173 Cr.P.C., the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.;