High Court of Punjab and HaryanaCRM-M/24498/2018allowed

Vijay Kumar v. State Of Punjab

2019-04-05Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.24498 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.24498 of 2018 Decided on: 05.04.2019 Vijay Kumar ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Gaurav Rana, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.164 dated 22.04.2018 registered under Sections 420 IPC read with Section 24 of the Immigration Act at Police Station Basti Jodhewal, Ludhiana as well as for setting-aside the order dated 07.05.2018 passed by the Additional Sessions Judge, Ludhiana.

The operative part of the order dated 01.06.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that as per allegations in the FIR, the petitioner is in the business of travel agency and two persons have given Rs.90,000/- each for sending them abroad. The complainant Sanjiv Kumar and another persons Harmandeep Singh went abroad but they could not get any job there. Thereafter, they returned back and on MOHD YAKUB 2019.04.05 16:43 I attest to the accuracy and integrity of this document

CRM-M No.24498 of 2018 05.11.2016, a compromise was effected between the parties that the petitioner will return the amount of Rs.1.80 lacs. Counsel for the petitioner further submits that the petitioner is ready to pay the aforesaid amount of Rs.1.80 lacs.

Notice of motion for 13.11.2018....."

Counsel for the petitioner has submitted that, in pursuance to the order dated 01.06.2018 and subsequent orders passed thereafter, the petitioner has appeared before the Investigating Officer and has joined the investigation. It is further submitted that the petitioner has deposited the amount to the complainant.

Counsel for the State, on instructions from the Investigating Officer, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 01.06.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 05.04.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.04.05 16:43 I attest to the accuracy and integrity of this document