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High Court of Punjab and HaryanaCRM-M/26155/2021disposed of

Pawan Mehta v. State Of Haryana

2022-02-10Mr. Justice Sureshwar Thakur2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 26155 of 2021 (O&M) Date of Decision: 10.02.2022 Pawan Mehta .......... Petitioner

Versus

State of Haryana .......... Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Amardeep Singh, Advocate for the petitioner. Mr. Tanuj Sharma, Assistant Advocate General, Haryana (Through Video Conferencing) **** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioner, by filing the present petition under Section 438 Cr.P.C., seeks grant of anticipatory bail in case FIR No. 918 of 28.08.2019, which was registered against him, at Police Station City Thanesar, District Kurukshetra, constituting therein offences under Sections 406, 420 of the IPC, and, under Section 10 of Immigration Act (Sections 419, 467, 468, 471 of the IPC added later on).

2.

This Court, through an order made on 27.07.2021, had granted ad interim bail to the bail applicant / petitioner. 3.

Before proceeding to make absolute the afore order of 27.07.2021, as, made by this Court, wherethrough the facility of ad interim / anticipatory bail became accorded to the petitioner, this Court deems it fit to impose a condition, upon the petitioner, that he shall, within two weeks hereafter, deposit in the shape of Fixed Deposit Receipt (FDR), embodying therein a sum of Rs. 2 lakhs. The above deposit, within the afore period, be made, before the learned trial Magistrate concerned. The release of the DINESH KUMAR 2022.02.10 18:13 I attest to the accuracy and authenticity of this document

CRM-M No. 26155 of 2021 (O&M) -2FDR concerned, shall be regulated by a compromise, if any, as may become drawn, inter se, the accused and the complainant, and, or, would become regulated by any lawful verdict, as, may become pronounced, by the learned trial Magistrate concerned, upon his assuming congnizance, upon the report, if any, as becomes instituted, before him, under Section 173 of the Cr.P.C, by the IO concerned.

4.

With the condition (supra), this Court makes absolute the afore order of 27.07.2021. However, the making of absolute of the afore order shall also be subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure. The Investigating Officer concerned, is directed to forthwith ensure the furnishing before him, by the bail-applicant, of personal and surety bonds, in a sum of Rs. 25,000/- each. 5.

In case, the condition (supra), is not complied with by the bail petitioner, thereupon, the benefit of anticipatory bail, as is granted to him shall become ipso facto annulled, leaving liberty to the Arresting Officer, to forthwith arrest him, and, to thereafter, produce the bail applicant before the learned Magistrate concerned, for appropriate directions, vis-a-vis, an order of judicial custody being made, upon him.

6.

Disposed of.

February 10, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.02.10 18:13 I attest to the accuracy and authenticity of this document