Deya Bhai Soma Bhai Patel & ORS v. State Of Haryana

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-12764 of 2017 .....

Date of decision:30.5.2017 Deya Bhai Soma Bhai Patel and others .....Petitioners v.

State of Haryana .....Respondent ....

Present:

Mr. Baldev Singh, Advocate for the petitioners. Mr. Parveen K. Aggarwal, Deputy Advocate General, Haryana for the respondent-State.

Mr. G.S. Verma, Advocate for the complainant. .....

Inderjit Singh, J.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.0036 dated 8.2.2017 registered for the offences under Sections 406, 420, 467 and 471 IPC at Police Station Jakhal, District Fatehabad.

Notice of motion has been issued in this case. Mr. Parveen K. Aggarwal, learned Deputy Advocate General, Haryana has put in appearance on behalf of the respondent-State and Mr. G.S. Verma, learned Advocate has appeared for the complainant and contested this petition.

I have heard learned counsel for the parties and learned Deputy Advocate General, Haryana appearing for the respondent-State and have gone through the record.

Harpal Singh Parmar 2017.05.31 15:57 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-12764 of 2017 [2] From the record, I find that the perusal of the FIR shows that the complainant was the dealer of the accused for submersible pumps. As argued by the learned counsel for the complainant, dealership of the complainant had been cancelled without any intimation and another dealer has been supplied the submersible pumps etc.

Keeping in view the facts and circumstances of the present case and in view of the fact that the dispute is regarding the breach of contract between the complainant and the accused and mainly is of civil nature and the petitioners have already joined the investigation, they are not required for custodial interrogation. Therefore, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 19.4.2017 passed by this Court granting interim bail to the petitioners is made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.

May 30, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2017.05.31 15:57 I attest to the accuracy and authenticity of this document Chandigarh