A.K. Dhawan And ANR v. State Of Haryana

CRM-M-41071-2016 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-41071 of 2016 (O&M) Date of Decision: September 21, 2017 A.K.Dhawan and another ......PETITIONER(s).

VERSUS

State of Haryana ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ashit Malik, Advocate for the petitioner (s).

Mr. Ashish Yadav, Addl. AG, Haryana.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No. 410 dated 01.09.2015 registered for the offences punishable under Sections 420, 406, 467, 468, 471 read with Section 120-B of Indian Penal Code at Police Station Sector-55, Faridabad, District Faridabad. Heard.

Learned counsel for the petitioners submits that the matter has since been amicably settled with the complainant, vide compromise, dated 18.12.2017, copy of which has been placed on file. The fee of the students has been refunded along with compensation.

Learned State counsel on instructions from ASI Dushyant Kumar submits that the fee of the complainants have been refunded by the Jyoti 2017.09.22 14:29 I attest to the accuracy and authenticity of this document

CRM-M-41071-2016 -2petitioners. They have also joined the investigation which is still in progress but their custodial interrogation is no more required for the purpose of further investigation.

In view of submission of learned State counsel but without expressing any opinion on the merits of the case, this petition is allowed and the order dated 17.11.2016 is made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioners shall make themselves available for interrogation by the police as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioners shall not leave India without the prior permission of the Court.

(iv) that the petitioners will seek regular bail on the presentation of challan in Court, which the trial Court will decide on the basis of evidence collected during investigation.

( SURINDER GUPTA ) September 21, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.09.22 14:29 I attest to the accuracy and authenticity of this document