SHAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 439(2), Cr. P. C., filed by the petitioner, seeking cancellation of anticipatory bail, granted to accused-respondents Nos. 2 to 4, by Additional Sessions Judge, Ferozepur, vide order dated 14-8-2000, in FIR 125 dated 8-11-1999 under Section 406, IPC, registered at Police Station, Guru Har Sahai, District Ferozepur.

(2.) In the present petition under Section 439 (2), Cr. P. C., filed by Sham Lal, petitioner, seeking cancellation of anticipatory bail, granted to accused respondents Nos. 2 to 4, in the aforesaid FIR under Section 406, IPC, it had been alleged that the aforesaid FIR was registered under the orders of this Court. It was alleged that on the registration of the FIR, accused-respondents Nos. 2 to 4 applied for anticipatory bail before the Sessions Court and that the Additional Sessions Judge, Ferozepur, granted anticipatory bail to them, vide order dated 1-3-2000. It was alleged that the learned Additional Sessions Judge failed to consider that it was a case of embezzlement and even if there was an arbitration clause in the agreement, yet the criminal case was rightly got registered against the rice-millers and it could not be said that it was purely a matter of civil nature. It was further alleged that civil and criminal proceedings, both could go together. It was accordingly prayed that the anticipatory bail, granted to accused respondents Nos. 2 to 4, be cancelled.

(3.) A reply has been filed by Sh. Manminder Singh, DSP, Jalalabad, admitting therein that the FIR in question was registered after inquiry, in view of the orders passed by this Court. It was alleged that the accused-respondents were granted anticipatory bail by the Additional Sessions Judge, Ferozepur, on 14-3-2000. It was admitted that it was a case of serious nature. It was alleged that the investigation was being conducted by DIG (Crimes), Chandigarh.