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High Court of Punjab and HaryanaCRM-M/2346/2021allowed

Amritpal Singh v. State Of Haryana

2021-09-06Mr. Justice Gurvinder Singh Gill3 pages

In the High Court for the States of Punjab and Haryana At Chandigarh I) Amritpal Singh ... Petitioner

Versus

State of Haryana ... Respondent II) CRM-M-18310-2021 (O&M) Pardeep Kaur ... Petitioner

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State of Haryana ... Respondent III) Sher Singh ... Petitioner

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State of Haryana ... Respondent Date of Decision:-6.9.2021

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Keshav Pratap Singh, Advocate, for the petitioner in CRM-M-2346-2021.

Mr. Neeraj Yadav, Advocate, for the petitioner in CRM-M-18310-2021.

( 2 ) CRM-M-18310-2021 (O&M) & Dr. Surya Parkash, Advocate, for the petitioner in CRM-M-5014-2021.

Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by SI Hans Raj.

Mr. Pawan Attri, Advocate for the complainant. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

This order shall dispose of the above mentioned three petitions filed on behalf of petitioners Amritpal Singh, Pardeep Kaur and Sher Singh seeking grant of ancitipatory bail in respect of a case registered vide FIR No.327 dated 20.6.2020 at Police Station Pehowa, District Kurukshetra under Sections 406, 420, 506 of Indian Penal Code and Sections 10 and 24 of Immigration Act.

2.

The allegations, in nutshell, are that the petitioners alongwith Amrik Singh had defrauded the complainant of an amount of Rs.42 lakhs on the pretext of sending complainant's son Jagjot Singh abroad. 3.

Vide order dated 8.3.2021, this Court while granting interim bail to the petitioners Amritpal and Sher Singh, had directed them to deposit an amount of Rs.2 lakhs and Rs.4 lakhs, respectively, before the Trial Court, which was to be invested in some FDR.

4.

Vide order dated 18.5.2021, this Court while granting interim bail to the petitioner Pardeep Kaur, had directed her to deposit an amount of Rs.2.5 lakhs before the Trial Court to be invested in some FDR.

( 3 ) CRM-M-18310-2021 (O&M) & 5.

Learned State counsel, upon instructions from SI Hans Raj, has informed that the petitioners, pursuant to interim directions, have joined investigation and that the amounts as directed, stands deposited. 6.

Having regard to the aforestated facts and circumstances, wherein the petitioners are stated to have joined investigation, all the three petitions are hereby accepted and the interim directions issued by this Court vide orders dated 8.3.2021 and 18.5.2021 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 7.

As regards the amounts deposited by the petitioners pursuant to directions issued by this Court, which are stated to have been invested in the FDRs, it is directed that the said FDRs shall not be encashed by the petitioners without any order of the Court. The said amounts shall be released to the petitioners in case they are acquitted and the judgment of acquittal attains finality and in case the accused are convicted, the amount invested in the said FDRs shall be released to the complainant upon such judgment of conviction attaining finality. The Trial Court to issue necessary directions to the bank concerned not to permit encashment of the said FDRs till the final decision of the case. 8.

A copy of this order be placed on the file of each connected cases. 6.9.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No