Sarvesh Saini v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of Decision: 22.09.2017 Sarvesh Saini ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Raviner Kumar Rana, Advocate for the petitioner.

Mr. Amrik Narwal, DAG, Haryana.

Mr. Pawan Attri, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.382 dated 21.08.2015 registered for offences punishable under Sections 406, 420, 506, 342, 419, 467, 468, 471 read with Section 120-B of Indian Penal Code (for short, "IPC") at Police Station Pehowa. Heard.

Learned counsel for the petitioner submits that the matter has since been amicably settled with complainant and under the settlement petitioner will pay `15 lacs to complainant. A sum of `2 lacs is being handed over to complainant, who is present in Court. He is also handing over 8 post dated cheques to complainant with the assurance that none of the cheque will be dishonoured.

Learned counsel appearing for the complainant submits that complainant-Sampuran Singh, is present in person and endorses the

-2submissions made by learned counsel for the petitioner. Keeping in view the fact that the matter has since been amicably settled between the parties, the present petition is allowed. Petitioner-Sarvesh Saini is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

(d) In the event of any of the post-dated cheque given to the complainant being dishonoured, the bail allowed to the petitioner shall stand cancelled and he may be taken into custody forthwith by the trial Court/CJM, Kurukshetra on application of complainant supported by memo of bank dishonouring the cheque.

September 22, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No

-3Whether reportable Yes/No