Jagdish Kumar Baweja v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh I) CRM-M-3625-2021 (O&M) Jagdish Kumar Baweja ... Petitioner

Versus

State of Haryana ... Respondent II) CRM-M-3630-2021 (O&M) Kanta Rani ... Petitioner

Versus

State of Haryana ... Respondent \ Date of Decision:-30.3.2022

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Satyaveer Singh, Advocate and Mr. Tapan Masta, Advocate for the petitioner(s). Mr. Rahul Mohan, DAG, Haryana, assisted by SI Risal.

Mr. Akshay Mittal, Advocate for the complainant. ***** GURVINDER SINGH GILL, J.(Oral) 1.

This order shall dispose of the above mentioned two petitions filed on behalf of petitioners Jagdish Kumar Baweja and Kanta Rani seeking grant of anticipatory bail in respect of a case registered vide FIR No.0009 dated

( 2 ) CRM-M-3625-2021 (O&M) & CRM-M-3630-2021(O&M) 5.1.2021, Police Station City Fatehabad, District Fatehabad under Sections 420, 467, 471, 120-B of Indian Penal Code.

2.

At the time of issuance of notice of motion, the following order was passed on 27.1.2021 in both the cases:

"Cases taken up through video conferencing.

Learned counsel for the petitioners states that the petitioners have not committed any offence and even otherwise a compromise has been effected between the parties. Copy of compromise deed has been placed on record. He further states that the petitioners are ready and willing to join the investigation.

Notice of motion.

Mr.Tanuj Sharma, AAG, Haryana, accepts notice on behalf of the respondent-State. Sh.Akshay Mittal, Advocate has also appeared on behalf of the complainant and concedes the factum of matter having been compromised between the parties.

Adjourned to 12.3.2021.

I find it a fit case to grant interim bail to the petitioners. As such, the petitioners are directed to join the investigation by contacting the Investigating Officer within seven days from today and render all sort of co-operation. The petitioners have to surrender their passports before the Investigating Officer, if they have got ones, otherwise to furnish affidavit in that regard. If in the meanwhile, they are arrested, they be released on bail to the satisfaction of the Investigating Officer/Arresting Officer.

A photocopy of this order be placed on the connected case file. " 3.

Learned counsel for the petitioner(s) submitted that the matter stands amicably settled and compromised amongst the parties and that pursuant to order dated 27.1.2021 the petitioners have already joined investigation and later also surrendered their passports.

( 3 ) CRM-M-3625-2021 (O&M) & CRM-M-3630-2021(O&M) 4.

Learned State counsel, upon instructions from SI Risal, has informed that pursuant to interim directions, the petitioners have since joined investigation and they have also surrendered their passports. He has, however feigned ignorance about the compromise.

5.

Learned counsel representing the complainant has, however, endorsed the factum of compromise and has stated that he has no objection in case both the petitions are accepted and the petitioners are granted bail. 6.

In view of the aforestated position, wherein the matter is stated to have compromised and the learned counsel representing the complainant has categorically stated that he has no objection for grant of anticipatory bail, both the petitions are accepted and the interim directions issued by this Court vide order dated 27.1.2021 (passed in both the cases) 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.

A photocopy of this order be placed on the file of connected case. 30.3.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No