Amit Suri v. State Of Punjab

CRM-M-22766-2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22766-2015 Date of Decision: September 3, 2015 Amit Suri

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr. R.S. Bajaj, Advocate, for the petitioner.

Mr. K.S. Pannu, DAG, Punjab, for the respondent.

Mr. Ravinder Malik, Advocate, for the informant.

1.

Whether Reporters of local papers may be allowed to see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest?

NARESH KUMAR SANGHI, J (Oral) Prayer in this petition is for grant of anticipatory bail to the petitioner, Amit Suri, son of Ashok Suri, resident of Basti Gujjan, House No. 49, Tehsil and District Jalandhar, who has been booked for having committed the offences punishable under Sections 120-B, 406, 420, 465, 467, 468 and 471, IPC, in a case arising out of FIR No. 293, dated 9.11.2014, registered at Police Station, Tanda, District Hoshiarpur.

Learned counsel contends that the dispute is with regard to `11,00,000/- (Rupees eleven lacs only), allegedly invested by the informant-Vipan Kumar in different schemes of PRASHANT KAPOOR 2015.09.03 17:24 I attest to the accuracy and authenticity of this document

CRM-M-22766-2015 AVIVA Insurance Company. Concededly, the informant-Vipan Kumar has received back `4,00,000/- (Rupees four lacs only). To show his bona fide, the petitioner is ready to deposit `7,00,000/- (Rupees seven lacs only) by way of bank draft with learned Area Judicial Magistrate, which shall be further deposited in a nationalized bank fetching maximum rate of interest. The said amount would be returned to the real claimant after conclusion of the trial.

Learned counsel for the State has no objection to the above prayer.

In view of above, the present petition is allowed. The interim directions issued by this Court vide order dated 17.7.2015 are made absolute. The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C. It is made clear that a bank draft of `7,00,000/- (Rupees seven lacs only) shall be deposited by the petitioner with learned Area Judicial Magistrate on or before 15.10.2015. On doing so, learned Area Judicial Magistrate shall further invest the said amount in a nationalized bank in a Fixed Deposit fetching maximum rate of interest and would be returned to the real claimant at the conclusion of the trial.

If the above statement suffered by learned counsel for the petitioner is not complied with within stipulated period, then the concession of anticipatory bail granted by this Court to the petitioner would automatically be deemed withdrawn. (NARESH KUMAR SANGHI) JUDGE September 3, 2015 Pkapoor PRASHANT KAPOOR 2015.09.03 17:24 I attest to the accuracy and authenticity of this document