Anil Chadha v. State Of Punjab

CRM-M-15213-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 206-3 CRM-M-15213-2019 (O & M) Date of Decision:18.10.2019 Anil Chadha

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Sandeep Arora, Advocate for Ms. Rishma Verma, Advocate for the petitioner.

Mr. Kirat Singh Sidhu, DAG, Punjab.

Mr. Vikas Bali, Advocate for the complainant. *** MANOJ BAJAJ, J.

This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.16 dated 23.01.2019 under Sections 406, 420 and 120-B IPC, registered at Police Station Navi Baradari, Jalandhar, District Jalandhar. The petitioner apprehended his arrest at the hands of Police. Learned counsel for the petitioner has invited the attention of the Court to the order dated 03.04.2019 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:- "Learned counsel for the petitioner contends that the dispute of the complainant is with one Vinod Hastir in respect of exchange of properties through exchange deed dated 30.01.2018.

Sheetal Gawri 2019.10.23 16:41 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-15213-2019 (O & M) -2According to her, the petitioner is not at all beneficiary of the alleged transaction. She has further relied upon the order passed by this Court in CRM-M9545-2019 in respect of the co-accused (beneficiary of this exchange deed) namely Vinod Hastir.

Notice of motion for 31.05.2019.

To be heard along with CRM-M-9545-2019.

In the meanwhile, petitioner shall join the investigation and would come present as and when called for and in the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438 (2) Cr.P.C."

Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.

Learned State counsel on instructions from ASI Hardial Singh does not dispute this fact that the petitioner has joined the investigation. He further states that the petitioner is not required for custodial interrogation for the time being.

Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 03.04.2019 is made absolute. 18.10.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.10.23 16:41 I attest to the accuracy and integrity of this document Chandigarh