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High Court of Punjab and HaryanaCRM-M/22775/2024allowed

Manish Chatrath v. State Of Punjab

2024-09-27Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 203/2 CRM-M-22775-2024 Date of decision: September 27th, 2024 Manish Chatrath .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Fateh Singh Dhillon, Advocate for the petitioner.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.46 dated 04.03.2024 under Sections 406, 420 and 427 of the Indian Penal Code, 1860, registered at Police Station Sadar, District Jalandhar. 2.

Ms. Preeti Grover, Advocate, has entered appearance on behalf of the complainant and filed her power of attorney, which is taken record.

3.

Vide order dated 19.07.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner inter alia contends that the dispute, if any, between the parties is essentially of a civil nature. The petitioner had undertaken a contract to carry out certain renovations in the house of the complainant which as per the complainant was not completed within the stipulated PUNEET SACHDEVA 2024.09.27 14:51 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-22775-2024 -2time and thus he had cheated the complainant." 4.

Learned counsel for the petitioner submits that in compliance of order dated 19.07.2024, the petitioner has joined investigation and cooperated with the investigating agency. 5.

Learned State counsel, on instructions from ASI Jasvir Chand, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation. 6.

In view of the above, the petition is allowed and interim order dated 19.07.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

September 27th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.09.27 14:51 I attest to the accuracy and integrity of this document Chandigarh