Varinder Kumar Verma v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-11992-2023 (O&M) Date of decision: 19.07.2023 Varinder Kumar Verma ..Petitioner

Versus

State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Suvir Kumar, Advocate for the petitioner. Mr. Manipal Singh Attwal, DAG, Punjab.

*** AMAN CHAUDHARY, J.

1.

On 20.03.2023 and 21.04.2023, this Court had passed the following orders:- "Prayer is for grant of anticipatory bail to the petitioner in criminal case having FIR No.258 dated 12.8.2022 registered under Sections 420, 120-B IPC and Section 82 of Registration Act at Police Station Division No.7, District Ludhiana.

Counsel for the petitioner inter alia contends that the petitioner is falsely implicated in the present case and is not beneficiary in any manner to the alleged transaction being attesting witness of the sale deed in question. He further submits that co-accused Amarjit Singh alias Goga is already granted interim protection by this Court vide order dated 29.10.2022 (Annexure P-6) subject to deposit of certain amount. He further submits that the petitioner is ready to join the investigation with the police.

Notice of motion.

Mr. C.L.Pawar, Addl. AG, Punjab accepts notice on behalf of the State and submits that the petitioner is also party to the conspiracy hatched by main accused Amarjit Singh alias Goga. He further submits that indeed Amarjit Singh @ Goga has been granted interim protection but subject to deposit of ` 10 lakh by him with the concerned court. He further submits that the

petitioner is required by the police for proper investigaiton of this case.

Now be listed on 28.3.2023.

In view of above, the petitioner is hereby directed to join the investigation with the police and in case of arrest, he is to be released on interim bail by the investigating officer/arresting officer to his own satisfaction and subject to deposit of ` 2 lakh by the petitioner with the concerned Illaqa Magistrate, till the next date fixed in this case. The petitioner is also to abide by the conditions envisaged under Section 438 (2) of Cr.P.C.

The receipt regarding deposit of the same be produced before this Court on the next date of hearing. To be heard along with CRM-M-43190-2022"

"Counsel for the petitioner submits that he is ready with FDR of Rs.2 lakh but the same was not accepted by the Court concerned and it demanded deposit in the shape of bank demand draft or cash.

In view of above, in continuity of the order dated 20.3.2023, the petitioner is directed to deposit amount of Rs.2 lakh in cash or by way of demand draft with the Court concerned within next 20 days and produce receipt regarding deposit on the next date of hearing. Now be listed on 19.7.2023.

Interim order to continue."

2.

Learned counsel for the petitioner produced copy of the order dated 08.05.2023 to show that the amount as directed by this Court vide order dated 20.03.2023 and 21.04.2023 stands complied. Besides the aforesaid in pursuance of the afore-mentioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur. 3.

Learned State counsel on instructions from ASI Sukhdev Singh affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation.

4.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 20.03.2023 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr. P.C 5.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

( AMAN CHAUDHARY ) 19.07.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No