High Court of Punjab and HaryanaCRM-M/4614/2024allowed

Vivek Chandwani v. State Of Haryana

2024-05-01Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:059767 CRM-M-4614-2024 Date of decision: May 1st, 2024 Vivek Chandwani Petitioner

Versus

State of Haryana .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Vinod Kumar Handa, Advocate for the petitioner.

Mr. Rajesh Gaur, Additional Advocate General, Haryana. Mr. Munish Behl, Advocate for the complainant.

MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail in FIR No.417 dated 22.07.2023 under Sections 406, 420, 120-B, 506 of the IPC registered at Police Station Mahesh Nagar, District Ambala. 2.

Vide order dated 30.01.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel inter alia contends that a civil dispute between the parties is being given a criminal twist, which is evident from a perusal of the tone and tenor of the allegations leveled in the FIR, which has been annexed as Annexure P-1. It has been further submitted that even the trial Court had granted the concession of interim bail to the petitioner, however, the Court had declined to make the interim order absolute only on the ground that recovery of the amount allegedly taken by the petitioner from the complainant had not been effected."

PUNEET SACHDEVA 2024.05.01 14:34 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-4614-2024 -23.

Learned counsel for the petitioner submits that in compliance of order dated 30.01.2024, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions from ASI Sultan 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. 5.

In view of the above, the petition is allowed and interim order dated 30.01.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

May 1st, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.05.01 14:34 I attest to the accuracy and integrity of this document Chandigarh