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High Court of Punjab and HaryanaCRM-M/12285/2022allowed

Balbir Singh v. State Of Punjab

2022-11-22Mr. Justice Gurvinder Singh Gill3 pages

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-22.11.2022 Balbir Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Mohit Sadana, Advocate for the petitioner. Ms. Swati Batra, DAG, Punjab, assisted by HC Ranjit Singh.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.15, dated 17.2.2020, Police Station Chajli, District Sangrur, under Sections 420 and 120-B of Indian Penal Code. 2.

When the matter was taken up on 25.3.2022, the following order was passed: "This is the second petition filed on behalf of the petitioner seeking grant of anticipatory bail.

Today, at the very outset, learned counsel for the petitioner submits that there are chances of an amicable settlement and that in order to prove his bonafides, he is willing to deposit an amount of Rs.50,000/- before the Trial Court/Illaqa Magistrate. In view of the aforesaid submission, notice of motion is being issued for 28.4.2022 solely for the purpose of enabling the

( 2 ) petitioner to work out some amicable settlement subject to the condition that he deposits an amount of Rs.50,000/- before the Trial Court/Illaqa Magistrate within a period of one week from today.

Upon deposit of such amount, the Trial Court/Illaqa Magistrate shall get the same invested in some FDR with some Nationalized Bank with a specific direction to Manager of the bank concerned not to entertain any request for encashment of the same except under orders of the Court.

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. However, the petitioner shall join 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 petitioner as well as the complainant are directed to appear before Mediation and Conciliation Center at Sangrur on 5.4.2022.

It is made clear that in case the aforesaid amount is not deposited within a period of one week from today, the aforesaid directions shall cease to operate."

3.

Report has been received from Mediation and Conciliation Center, Sangrur to the effect that the matter has been amicably resolved amongst the parties. 4.

In view of the fact that the dispute pertains to defraud the complainant of an amount of Rs.1.50 lakhs and the matter has been compromised between the parties, wherein the petitioner has undertaken to repay the said amount, the petition is accepted and the interim directions issued by this Court vide order dated 25.3.2022 are hereby made absolute, subject to the condition that the

( 3 ) petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

5.

The petitioner is, however, directed to abide by the terms and conditions of the compromise.

22.11.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No