High Court of Punjab and HaryanaCRM-M/39113/2017allowed

Unnat Marwaha v. State Of Punjab

2017-10-30Mr. Justice Arun Monga2 pages

CRM No.M-39113 of 2017 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM No.M-39113 of 2017 Date of decision:30.10.2017 Unnat Marwaha ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. S.S.Panag, Advocate for the petitioner.

Mr. Vaibhav Narang, Advocate for the complainant.

Mr. Manreet Singh Nagra, AAG, Punjab.

AMIT RAWAL J. (Oral) Petitioner seeks benefit of regular bail pending trial in case FIR No.338 dated 23.06.2008, under Sections 420 and 120-B of the IPC registered at Police Station Civil Lines, Amritsar. Concededly, the petitioner was declared Proclaimed Offender in the aforesaid FIR but now has been arrested and is in jail for the last 45 days. As per the allegations in the FIR, the complainant had made the payment of `4,20,000/- and `45,000/- vide cheques dated 28.07.2017. As per the document, draft dated 23.09.2008 (Annexure P-2), has been prepared in name of complainant for a sum of `4,45,000/-. Counsel for the complainant did not controvert the aforesaid Savita 2017.10.31 16:00 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM No.M-39113 of 2017 {2} receipt of `4,45,000/-.

This Court called upon the State counsel to show the alleged contract entered into between the petitioner and complainant. The file brought by ASI, has been seen but there is no such agreement. Though the agreement is between the complainant and Reliance and there are separate terms and conditions with regard to payment.

Without commenting on the merits and de-merits of the matter, petitioner is held entitled to the benefit of bail. Petition is allowed. Petitioner is ordered to be released on bail subject to furnishing of bail bonds to the satisfaction of the trial Court/Duty Magistrate, Amritsar.

(AMIT RAWAL) JUDGE October 30, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.10.31 16:00 I attest to the accuracy and integrity of this document High Court Chandigarh