JUDGEMENT
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.90 dated 27.04.2012 under Sections 419, 420, 465, 467, 468, 471 and 120-B of Indian Penal Code, registered at Police Station Focal Point District Ludhiana. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Addl. Sessions Judge, Ludhiana dismissing anticipatory bail application filed on behalf of the petitioner.
(2.) THIS Court while issuing notice of motion on 3.7.2012 passed the following order:-
"Crl.M.No.35825 of 2012 Application is allowed subject to all just exceptions. Inter alia contends that petitioner is having no concern with this transaction and that he has not signed the alleged forged sale deed got executed by co-accused Chamkaur Singh in his favour by impersonation by producing another lady in place of true owner Malkiat Kaur. Further submitted that the lady who allegedly impersonated Malkiat Kaur was also identified by co-accused Ashok Setia and Shyam Singh Nambardar and that he has not signed the said sale deed nor was he present at the time of execution and registration of said sale deed. It is also submitted that petitioner is not in any way beneficiary of this transaction. 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 3.7.2012. It has also been stated by learned counsel for the State 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 petitioner Parkash Singh is accepted and order dated 3.7.2012 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.;
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