RAM CHAND GUPTA,J. - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in complaint case no. 331 dated 10.10.2008, under Sections 467/468/471/120B, titled as 'Iqbal v. Wazir etc.' pending in the court of learned Sub Divisional Judicial Magistrate, Ferozepur Jhirka, District Mewat.
(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, Nuh dismissing anticipatory bail application filed by the petitioner. This Court while issuing notice of motion on 08.02.2013 passed the following order:- "CRM No.8297 of 2013 Application is allowed subject to all just exceptions. Contends that petitioner is not beneficiary of this transaction and that dispute is between near relations i.e. uncle and nephew. It is further submitted that he had signed as a witness on the asking of co-accused i.e. uncle of the complainant and it was not in his knowledge that co-accused was taking some loan in the name of his brother. It is further submitted that it is a complaint case and that he is ready to appear before learned trial court and face trial. Notice of motion for 15.03.2013. In the meantime, petitioner is directed to appear before learned Summoning Magistrate within two weeks from today and if he so appears and applies for bail, learned Summoning Magistrate is directed to admit him to interim bail subject to any conditions that may deem to be imposed." It has been contended by learned counsel for petitioner that he has already appeared before learned trial Court on 19.02.2013 pursuant to said order and admitted to interim bail. Copy of the order dated 19.02.2013 has also been placed on record. It is further stated by learned counsel for petitioner that petitioner undertakes to appear before learned trial Court on each and every date of hearing and face trial. The factual position has not been disputed by learned counsel for respondent-State as well as by learned counsel for respondent no.2.
(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 Subhan Khan is accepted and order dated 08.02.2013. granting interim bail in favour of the petitioner is, hereby, made absolute subject to any conditions that may deem to be imposed by learned trial Court. The present petition stands disposed of accordingly.;