AI Structured Summary
Not yet generated for this judgment
Judgment
Alok Singh, J.—This is an application seeking anticipatory bail in case FIR No. 74 dated 08.05.2010, under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, registered at Police Station City Malaut, District Muktsar.
This Court vide order dated 01.07.2010 has granted interim bail to the Petitioner. Investigating Officer ASI Puran Chand is present in person. He states that Petitioner has joined the investigation. However, his custodial interrogation is required to find out the genuineness of the agreement to sell.
From the perusal of the record, it seems that this is a property dispute. This Court, in the case of Sanjay Gupta and Ors. v. State of Punjab Crl. Misc. No. M-17689 of 2010, vide order dated 24.06.2010 has granted anticipatory bail to the co-accused by observing that since suit for specific performance on the basis of agreement to sell dated 12.01.2006 and 17.05.2005 is already pending and legality/genuineness of the agreement to sell is to be adjudicated by the Civil Court, therefore, custo dial interrogation is not required.
This Court is pained to note that almost in every civil dispute between the family members, police is seeking custodial interrogation which is totally unjustified. In the opinion of this Court, civil dispute has been given colour of criminal case which is not permissible under the law.
Considering the totality of the facts and circumstances of the case, order dated 01.07.2010 is made absolute, subject to the limitations provided u/s 438(2) of the Code. Petitioner-accused shall participate in the investigation as and when he is required.