High Court of Punjab and HaryanaCRM-M/21117/2016allowed

Vijay Kumar & ANR v. State Of Punjab

2016-07-26Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-21117 of 2016 (O&M) Date of Decision: July 26, 2016 Vijay Kumar and another

...Petitioners

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Gaurav Singla, Advocate for the petitioners.

Ms.Shivali, Asstt. Advocate General, Punjab for the respondent-State.

Mr.Surinder Sharma, Advocate for the complainant.

**** INDERJIT SINGH, J.

The petitioners have filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.59 dated 13.04.2016 under Sections 420, 406 and 120-B IPC registered at Police Station Division No.5, District Police Commissionerate, Jalandhar. Notice of motion was issued and 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 FIR in the present case has been registered against accused Vijay Kumar and Ashok Kumar on the VINEET GULATI 2016.07.28 10:23 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-21117 of 2016 -2allegations that Usha Rani sold a car to accused and they paid `1,10,000/- and they had not paid the remaining amount.

The perusal of the record shows that both the petitioners were admitted to interim bail by the Sessions Court and were directed to join investigation but the Investigating Officer stated that they are not cooperating in the investigation.

The case of the prosecution is based on documentary evidence. The custodial interrogation of the petitioners is not required. No useful purpose will be served by sending the petitioners to custody. Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed. It is ordered that in the event of arrest, the petitioners be released on anticipatory bail subject to their furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. July 26, 2016 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2016.07.28 10:23 I attest to the accuracy and authenticity of this document Chandigarh