Jitender Sharma v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-9766 of 2019 (O&M) Date of Decision: March 18, 2019 Dr.Jitender Sharma

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Vikas Chatrath and Mr.Khushkaran Kumar, Advocates for the petitioner.

Mr.Deepak Sabharwal, Addl. Advocate General, Haryana for the respondent-State.

Mr.N.S.Shekhawat, Advocate for the complainant.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.0061 dated 19.01.2019 under Sections 420, 467 and 468 IPC, registered at Police Station City, Panipat. Notice of motion was issued. Learned State counsel as well as learned counsel for the complainant appeared and contested the petition. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. From the record, I find that as per FIR, present petitioner rented the property to the complainant, in which he was running a hospital etc. and VINEET GULATI 2019.03.19 14:03 I attest to the accuracy and authenticity of this document Chandigarh petitioner was taking rent. As per the allegations in the FIR, present

CRM No.M-9766 of 2019 -2petitioner is owner to the extent of 1/3rd share only and remaining shares are owned by his wife and mother, which he has not disclosed. Other cosharers filed civil proceedings against the complainant and as per allegations, present petitioner in conspiracy with co-sharers started false litigation.

The petitioner has already joined the investigation. He is not required for custodial interrogation. The case is based on documentary evidence No useful purpose will be served by sending and keeping the petitioner in custody till the disposal of the case. Keeping in view the facts and circumstances of the case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find it a fit case, where petitioner is entitled to benefit of anticipatory bail. Therefore, the present petition is accepted and the order dated 05.03.2019 granting interim bail to the petitioner, is made absolute.

March 18, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.03.19 14:03 I attest to the accuracy and authenticity of this document Chandigarh