Mahinder Jain v. State Of Haryana And ANR

CRM No.M-1094 of 2015 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-1094 of 2015 Date of Decision:- 12.02.2015 Mahinder Jain .....Petitioner

Versus

State of Haryana and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR

Present:

Ms. Sharmila Sharma, Advocate, for the petitioner.

Mr. Ram Kumar Yadav, D.A.G., Haryana for the State.

Mr. Aayush Gupta, Advocate for respondent No.2.

**** M EHINDER S INGH S ULLAR , J.(oral) The petitioner has preferred the instant petition for the grant of anticipatory bail, in a criminal appeal, in which, the appellate Court has issued warrants against him, vide order dated 21.11.2014 (Annexure P-5).

2.

Notice of the petition was issued to the State. 3.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

NARESH KUMAR 2011.03.25 13:49 I attest to the accuracy and integrity of this document Chandigarh

CRM No.M-1094 of 2015 -24.

During the course of preliminary hearing, the following order was passed by this Court on January 15, 2015 : - "Learned counsel, inter alia, contended that the petitioner is prepared to pay half of the impugned amount within a period of two weeks. Heard.

Notice of motion be issued to the respondents, returnable for 12.02.2015. Meanwhile, the petitioner is directed to appear, surrender and to pay the half of the impugned amount, within a period of two weeks. In that eventuality, the appellate Court would admit him on bail on his furnishing adequate bail bond and surety bond to its satisfaction."

5.

At the very outset, learned counsel has placed on record the certified copy of order dated 29.01.2015, which would reveal, not only that the petitioner has surrendered/appeared and was admitted to bail by the appellate Court, he has already paid an amount of Rs.3,95,000/-, which was duly accepted by the complainant-respondent No.2 in pursuance of pointed order of this Court.

6.

In the light of aforesaid reasons, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner, by way of indicated order of this Court, is hereby made absolute, subject to his payment of balance amount to the complainant, within a period of two months.

Needless to mention that, in case, the petitioner fails to make the payment of remaining amount, within a period of two months, then, the appellate Court would be at liberty to take him in custody and to decide the main appeal in accordance with law. February 12, 2015 (MEHINDER SINGH SULLAR) naresh.k JUDGE NARESH KUMAR 2011.03.25 13:49 I attest to the accuracy and integrity of this document Chandigarh