RAM CHAND GUPTA,J.(ORAL) - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 85 dated 25.04.2012, under Sections 447/379/427/506 IPC, registered at police station Division 'A', 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 petitioner. This Court while issuing notice of motion on 03.07.2012 passed the following order:- "Crl.M.No.36807 of 2012 Application is allowed subject to all just exceptions. Contends that complainant is real sister of petitioner and that dispute is regarding the land, which was inherited by the petitioner from his father on the basis of a Will and nothing was given to complainant by his father as she and other sister of petitioner were already married by his father during his lifetime. It is also contended that other sister has not challenged the Will and only present complainant is claiming share in the property of father of petitioner and complainant and hence, the present false complaint has been lodged. It is further submitted that complainant is residing in some other village and the land is in possession of petitioner only and he had cultivated the same and hence, there was no question of petitioner committing theft of crop from his own land. Notice of motion to Advocate General, Punjab, for 2.8.2012. 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." It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 03.07.2012. It has also been stated by learned counsel for the State, on instruction from ASI Purshotam Dass, that petitioner has joined the investigation and that he is no more required for any custodial interrogation.
(3.) 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. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Mukhtiar Singh is accepted and order dated 03.07.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly.;