High Court of Punjab and HaryanaCRM-M/24352/2021allowed

Chhinderpal Singh v. State Of Punjab

2021-09-29Mr. Justice Arvind Singh Sangwan2 pages

In virtual Court CRM-M-24352-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24352-2021 (O&M) Date of decision: 29.09.2021 Chhinderpal Singh ... Petitioner Vs.

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

Present:

Mr. A.S. Manaise, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

******* ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this petition is for grant of anticipatory bail in FIR No.189 dated 06.09.2020 under Sections 420, 421, 422, 423, 424, 120-B IPC, registered at Police Station City Fazilka, District Fazilka. While granting interim bail to the petitioner, following order was passed by this Court on 30.06.2021: - "...Learned counsel for the petitioner submits that the FIR was registered at the instance of one Sanjeev Kumar, a commission agent, with the allegations that he had filed a suit for recovery against the petitioner, which was decreed in his favour and during the execution of said proceedings, when Bailiff of the Court had gone to attach tractor of the petitioner, he did not allow the same and later on, had sold the tractor to some other person. It is VISHNU 2021.09.29 16:07 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

In virtual Court CRM-M-24352-2021 -2further submitted that in fact, the tractor was financed by Tata Finance Company and on account of petitioner's inability to pay the installments, the same was repossessed by Tata Finance Company and was sold to recover the amount. It is also submitted that in order to show his bonafide and to settle the dispute with the complainant, the petitioner is ready to deposit an amount of Rs.1.50 lac with the executing Court, where the execution application filed by complainant Sanjeev Kumar is pending, within a period of two months from today..."

Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has joined the investigation and is not required for any further investigation. It is further submitted that the matter has been settled between the parties and the petitioner has already paid Rs.1.50 lacs to the complainant.

Learned State counsel, on instructions from ASI Bhagwan Chand, has not disputed the factual position and states that the petitioner is no more required for any further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 30.06.2021 is made absolute subject to the conditions envisaged under Section 438 (2) Cr.P.C. [ ARVIND SINGH SANGWAN ] 29.09.2021 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No VISHNU 2021.09.29 16:07 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh