Sunil Kumar v. State Of Punjab

{1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:15.07.2021 Sunil Kumar ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Sandeep Arora, Advocate for Mr. Ajay Kumar Dahiya, Advocate for the petitioner.

Mr. Sandeep Singh Deol, DAG, Punjab.

Mr. S.N.Pillania, Advocate for the complainant. SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Through the instant petition, the petitioner seeks anticipatory bail in case FIR No.165 dated 11.12.2019 registered under Sections 420, 465, 467, 468, 471 and 120-B of Indian Penal Code, 1860 at Police Station Navi Baradari, District Jalandhar.

On 02.03.2020, this Court passed the following order:- "Learned counsel for the petitioner submits that the allegations levelled by the complainant in the FIR pertain to forgery of

{2} General Power of Attorney allegedly executed on 07.04.2008. He submits that on the basis of the alleged forgery, the complainant had earlier filed a complaint dated 02.05.2015 (Annexure P3) which was withdrawn by the complainant on 26.09.2017 (Annexure P4) to avail appropriate remedy available under the law. He further submits that the incident took place in the year 2008 and the FIR has been lodged on 11.12.2019. Still further, he has referred to the order dated 21.12.2019 (Annexure P5) passed by Additional Sessions Judge, Jalandhar, whereby anticipatory bail has been granted to co-accused Vijay Kumar.

Notice of motion for 22.04.2020.

Meanwhile, the petitioner shall join the investigation and would be present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C." Learned State counsel, on instructions from ASI Hardayal Singh submits that the petitioner has joined investigation and is no longer required for custodial interrogation. He has further instructions to submit that no other case is pending against the petitioner.

{3} In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 02.03.2020 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) JUDGE July 15, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No