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. 90 dated 03.10.2012, under Sections 420/120B Indian Penal Code, registered at police station Lakho Ke Behram District Ferozepur.
(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, Ferozepur dismissing anticipatory bail application filed on behalf of the petitioners.
(3.) This Court while issuing notice of motion on 02.11.2012 passed the following order:- "Crl.M.No.65530 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-34324 of 2012 Contends that, in fact, fraud has been committed upon the present petitioners by complainant as petitioners used to sell their agricultural produce at the shop of the complainant being commission agent and during those dealings he might have obtained signatures/thumb impressions of petitioners on some papers, which were later on got converted into alleged sale deed dated 12.8.2002. It is further submitted that the land remained in possession of petitioners throughout and that even mutation of the land on the basis of the alleged sale deed was also not got sanctioned by complainant for about ten years from the date of alleged execution of sale deed. It is further contended that the mutation was got sanctioned on 2.7.2012, whereas loan was already taken by the petitioner by mortgaging part of this land with the bank prior to 2.7.2012, i.e. on 5.6.2012. it is further contended that petitioners also filed civil suit for getting the said sale deed set aside. It is further contended that petitioner no.1 is an old person of 75 years of age and petitioner no.2 is his son. Notice of motion to Advocate General, Punjab, for 3.12.2012. 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.";