Dharambir v. State Of Haryana

{1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 201-2 Date of decision:22.09.2021 Dharambir ... Petitioner Vs.

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. H.N.Sahu, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG, Haryana.

SUVIR SEHGAL, J. (Oral) Heard through video conferencing.

Through the instant petition, the petitioner seeks anticipatory bail in case FIR No.251 dated 21.11.2019 registered under Sections 419, 420, 467, 468, 471 of Indian Penal Code, 1860 at Police Station Julana, District Jind (Annexure P-1).

On 23.01.2020, while granting interim protection to the petitioner, this Court passed the following order:- "Learned counsel for the petitioner has placed reliance upon the order dated 15.01.2020 passed in CRM-M-55650-2019Anil @ Lila Vs.State of Haryana and submitted that a civil suit

{2} has been filed by Sanjay for cancellation of the sale deed in which notice was issued by the trial Court on 13.11.2019. Learned counsel further submits that the petitioner was arrayed as one of the defendants and has already appeared before the trial Court. He further submits that he is prepared to make the statement before the trial Court to the effect that the sale deed be cancelled.

Notice of motion for 19.03.2020.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C." By making reference to the written statement (Annexure P-5) filed on behalf of defendants No.4 and 5, counsel for the petitioner submits that in para 4 thereof, the petitioner has stated that he does not have any objection in case the sale deed in dispute and subsequent revenue records are set aside.

Learned State counsel, on instructions from ASI Sultan Singh submits that the petitioner has joined the investigation and is no longer required for custodial interrogation. He has further instructions to submit that the petitioner is not involved in any other criminal case.

{3} In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 23.01.2020 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) September 22, 2021 JUDGE savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No