High Court of Punjab and HaryanaCRM-M/39325/2018allowed

Shiv Kumar Walia v. State Of Punjab

2018-10-23Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.39325 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.39325 of 2018 (O&M) Decided on: 23.10.2018 Shiv Kumar Walia ....Petitioner

Versus

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

Mr. Iqbal Mohammed, Advocate for the petitioner.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.72 dated 08.06.2018, registered under Sections 406 and 420 of the Indian Penal Code, 1860 (in short 'IPC') read with Section 24 of the Immigration Act, at Police Station Bullowal, District Hoshiarpur. The operative part of the order dated 14.09.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that as per the allegations in the FIR, the complainant has alleged that Gurbachan Singh co-accused had made the representation to send his son abroad and had handed over an amount of Rs.6 lakhs as detailed in the FIR. Learned counsel for the petitioner submits that in fact, he is working as a recovery agent in one company and in order to show his bona fide, he is ready to deposit an amount of Rs.1 lakh with the Illaqa magistrate, subject to MOHD YAKUB 2018.10.23 16:10 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.39325 of 2018 (O&M) final outcome of the trial.

Learned State counsel, on instructions from ASI Harmesh Lal submits that the petitioner be directed to join the investigation.

List again on 23.10.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 14.09.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. It is further submitted that the petitioner has deposited the amount of Rs.1 lac on 28.09.2018 with the Illaqa Magistrate.

Counsel for the State, on instructions from ASI Harmesh Lal, 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 14.09.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 23.10.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.10.23 16:10 I attest to the accuracy and authenticity of this document High Court, Chandigarh