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Judgment
M.M. Kumar, J.—On 16.12.2004, this Court has granted pre-arrest bail to the Petitioners in case FIR No. 125 dated 26.8.2003 registered under Sections 406/420/120-B IPC at Police Station Mahilpur, Distt. Hoshiarpur. A perusal of order dated 16.12.2004 shows that principal reliance was placed by learned Counsel for the Petitioners on the compromise dated 5.8.2004 to argue that the dispute pertains to money transaction and an amount of Rs. 1,10,000/- has been paid back to Sushil Kumar who was present in Court.
Learned Counsel for the Petitioners has pointed out that the Petitioners have joined the investigation and have been appearing before the Investigating Officer as and when required as per the directions issued by this Court. It has further been stated that the Petitioners have also complied with all the conditions envisaged in Section 438(2) Code of Criminal Procedure.
Learned State counsel has not been able to dispute the factual position regarding appearance of the Petitioners before the Investigating Officer. The main sting of allegation with regard to misappropriation of funds has been taken out on account of the compromise. Therefore, I deem it appropriate to make the order dated 16.12.2004 as absolute. Ordered accordingly. However, the Petitioners shall continue to be bound by the conditions envisaged u/s 438 Code of Criminal Procedure
The petition stands disposed of.
Petition allowed.