Saurabh Sharma v. State Of Haryana

CRM-M No.15980 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.15980 of 2018 Decided on: 03.08.2018 Saurabh Sharma ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Rakesh Nehra, Advocate for the petitioner. Mr. Himmat Singh, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.108 dated 06.03.2018, registered under Sections 420 and 406 IPC, at Police Station City Yamuna Nagar, District Yamuna Nagar. Counsel for the petitioner submits that the petitioner, in pursuance to the order dated 20.04.2018, has already appeared before the Investigating Officer and has joined the investigation. The operative part of the order dated 20.04.2018, is reproduced as under:- "....Learned counsel for the petitioner submits that as per the allegations in the FIR, the complainant has allegedly given an amount to the petitioner to sent him to Australia on study visa, however, the petitioner, instead of sending him to Australia, had obtained a visa for Singapore and get him admitted in a College at Singapore.

Counsel for the petitioner further submits that before registration of the FIR, inquiry was conducted by the Economic Crime Cell, Yamuna Nagar and it was held in this inquiry that there was no agreement between the petitioner and the complainant for sending him to Australia. The complainant applied for admission in MOHD YAKUB 2018.08.

CRM-M No.15980 of 2018 Singapore and after completing the formalities, the petitioner, on behalf of the complainant, has deposited 5724 dollars fee for College at Singapore. It is further stated in this inquiry that when the complainant sent an email to the Coleman College at Singapore for refund of money, the same was refused by the College and only thereafter, the present FIR has been registered. Notice of motion for 03.08.2018.

In the meantime, petitioner is directed to appear before the Investigating Officer within a period of 10 days to join the investigation and he shall be released on interim bail on furnishing bail/surety bonds subject to the following conditions: -

1. He shall make himself available for interrogation by a police officer as and when required;

2. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

3. He shall not leave India without previous permission of the Court."

Counsel for the State, on instructions from ASI Lakhwinder Singh, has not disputed the factual position and submits that the petitioner has joined the investigation and is no more required for any further investigation.

In view of the above, the petition is allowed and the interim bail granted to the petitioner vide order dated 25.04.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 03.08.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.08.03 15:15 I attest to the accuracy and authenticity of this document Chandigarh