Manish Gilhotra v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-1449-2024 Date of decision: August 20th, 2024 Manish Gilhotra .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Aminder Singh, Advocate for the petitioner.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. Mr. Jaiteshwar S. Bhandari, Advocate for Mr. Goldy Jakhar, Advocate for the complainant.

MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.210 dated 14.12.2023 under Section 420 of the Indian Penal Code, 1860, registered at Police Station City Fazilka.

2.

While issuing notice of motion on 11.01.2024, following submissions of learned counsel for the petitioner were recorded:- "Learned counsel for the petitioner, inter alia, contends that the parties are closely related and the present FIR has been registered on account of some misunderstanding. He submits that petitioner would be willing to sit across the table with the complainant and sort out the dispute, which has arisen between them." 3.

Thereafter, vide order dated 14.05.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation.

PUNEET SACHDEVA 2024.08.20 14:17 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-1449-2024 -24.

Learned counsel for the petitioner submits that in compliance of order dated 14.05.2024, the petitioner has joined investigation and cooperated with the investigating agency. It has also been submitted that the dispute between the parties is essentially civil in nature pertaining to some agreement to sell.

5.

Learned State counsel, on instructions from ASI Jagjit Singh, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation. 6.

In view of the above, the petition is allowed and interim order dated 14.05.2024 is made absolute subject to the conditions laid down in Section 482(2) BNSS/438(2) Cr.P.C.

August 20th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.08.20 14:17 I attest to the accuracy and integrity of this document Chandigarh