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High Court of Punjab and HaryanaCRM-M/7969/2024allowed

Chain Singh v. State Of Punjab

2024-05-15Mr. Justice Kuldeep Tiwari2 pages

CRM-M-7969-2024

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-7969-2024 Date of decision : May 15, 2024 Chain Singh ....Petitioner

VERSUS

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Kuldeep V. Singh, Advocate, for the petitioner Mr. Akshay Kumar, AAG, Punjab KULDEEP TIWARI,J. (ORAL) 1.

On 26.2.2024, the Coordinate Bench passed the following order:- "Learned counsel for the petitioner submits that he had sold off a piece of land to the complainant which the complainant, in the FIR, alleges to be situated within a public park, whereas the land sold is not situated in a public park. Learned counsel for the petitioner submits that in any case, the petitioner is willing to work out some amicable settlement and that in order to prove his bonafides he is willing to deposit an amount of Rs.10 lakhs.

Notice of motion for 15.05.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. DALBIR SINGH TIWANA 2024.05.17 02:50 I attest to the accuracy and integrity of this document

CRM-M-7969-2024 However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. The aforesaid interim directions are however, subject to the condition that the petitioner deposits the amount of Rs.10 lakhs before the trial Court/Illaqa Magistrate within a period of 4 weeks from today. Upon such amount being deposited, the trial Court/Illaqa Magistrate shall get the same invested in some nationalized Bank in FDR with the specific direction to the Bank Manager concerned not to entertain any request for encashment except upon an order of the Court." 2.

Today, the learned State counsel on instructions imparted to him by ASI Raju, submits that the petitioner has deposited Rs 10 lacs before the learned Illaqa Magistrate and has also joined the investigation and he is fully co-operating with the investigation process and he is not required for any further custodial interrogation. 3.

In view of the specific stand taken by the learned State counsel, the present petition is allowed and order dated 26.2.2024 is, hereby, made absolute subject to the condition that the petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C. ( KULDEEP TIWARI ) May 15, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No DALBIR SINGH TIWANA 2024.05.17 02:50 I attest to the accuracy and integrity of this document