Major Karthikeya Saini v. Ut Of Chandigarh & ANR

Crl. Misc No. M-27232 of 2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc No. M-27232 of 2015 Date of decision : 01.02.2017 Major Karthikeya Saini ....Petitioner versus U.T. Chandigarh and another

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vikram Chaudhary, Sr. Advocate with Ms. Isha Goyal, Advocate for the petitioner.

Mr. Sukant Gupta, Addl.P.P., for U.T. Chandigarh Mr. J.S. Bedi, Sr. Advocate with Mr. Harpreet Multani, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Prayer in this petition is for grant of anticipatory bail to the petitioner, in a case arising out of F.I.R No. 374 dated 31.07.2015 under Sections 498-A/406 IPC, registered at Police Station Sector 34, U.T. Chandigarh.

This Court vide order dated 15.10.2015 had relegated the parties to Mediation Centre for an amicable settlement but on 01.03.2016, the matter was adjourned for argument as the mediation failed between the parties. Thereafter, vide order dated 01.09.2016, the parties were again relegated to Mediation Centre of this Court but compromise could not be effected between the parties. On the last date of hearing i.e 24.01.2017, following order was passed by this Court:- "Learned counsel for the petitioner states that there is one house located at Zirakpur, which can be transferred in the GAURAV ARORA 2017.02.03 16:22 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc No. M-27232 of 2015 name of the complainant towards one time settlement. On the other hand, learned counsel for respondent No.2complainant states that installments of about Rs.34 lacs are due to be paid qua the said flat/house. He seeks some time to verify the same.

Adjourned to 01.02.2017.

Interim order to continue."

Today, learned senior counsel for the petitioner has informed the Court that about Rs.19 lakhs are due to be paid qua the above said flat/house.

In view of the totality of the facts and circumstances of the case, order dated 17.08.2015 passed by this Court whereby it was ordered that the petitioner shall not be arrested is made absolute, subject to the condition that the petitioner shall deposit a F.D of Rs.5 lacs before the trial Court in the name of the complainant within a period of one month. The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions as envisaged under Section 438 (2) Cr.P.C. The decision with regard to release of the above said amount will be seen by the trial Court at the final stage.

However, the petitioner is at liberty to file fresh bail bonds after presentation of the challan.

Accordingly, the petition stands disposed of. 01.02.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.02.03 16:22 I attest to the accuracy and integrity of this document Chandigarh