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High Court of Punjab and HaryanaCRM-M/21083/2022allowed

Kulvir Singh Kaura v. State Of Punjab

2022-09-19Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-21083-2022 (O&M) Date of Decision:-19.9.2022 Kulvir Singh Kaura ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vishal Gupta, Advocate for the petitioner. Mr. Luvinder Sofat, DAG, Punjab assisted by ASI Hardev Singh ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.70 dated 3.4.2022 under Section 420 of Indian Penal Code at Police Station Chheharata District Police Commissionerate, Amritsar.

2.

At the time of issuance of notice of motion on 17.5.2022, the following order was passed :

"The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.70 dated 3.4.2022, Police Station Chheharata, Police Commissionerate, Amritsar, under Section 420 IPC.

The FIR in question was lodged at the instance of Atinderpal Singh wherein it is alleged that he had been deprived of an amount of Rs.40,000/- by Kulvir KAMAL KUMAR 2022.09.19 17:43 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-21083-2022 (O&M) Singh and Ishan Singh on the pretext of sending him to Canada on work permit.

Learned counsel for the petitioner submits that the complainant as per FIR had approached M/s Visa Land Immigration Consultants and that he has nothing to do with the said company. Learned counsel further submits that when the complainant had approached the District Consumer Forum, Amritsar, even therein he did not name the petitioner at all. Notice of motion for 19.9.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from ASI Hardev Singh, has informed that pursuant to interim directions issued by this Court the petitioner has since joined investigation and is not required for any custodial interrogation.

4.

Having heard the learned counsel and bearing in mind the facts and circumstances of the case and also that the petitioner has already joined investigation and is not required for any custodial interrogation, the present petition is accepted and the interim directions issued by this Court vide order dated 17.5.2022 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 19.9.2022 ( Gurvinder Singh Gill ) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No KAMAL KUMAR 2022.09.19 17:43 I attest to the accuracy and integrity of this document