High Court of Punjab and HaryanaCRM-M/46101/2016allowed

Sultan Singh v. State Of Haryana

2017-01-19Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-46101 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46101 of 2016 Date of Decision: 19.01.2017 Sultan Singh ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Amit Jain, Advocate for the petitioner.

Ms. Harpreet Kaur, AAG, Haryana.

Mr. Praduman Yadav, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 485 dated 13.10.2016 registered for offences punishable under Sections 420, 406, 467, 468, 471, 506 read with Section 34 of Indian Penal Code (for short 'IPC'), at Police Station Badshahpur, District Gurgaon. Heard.

As per case of prosecution, the petitioner alongwith his son Vineet Yadav contacted the complainant for sale of their land situated in Kishangarh Bas, District Alwar and supplied the complainant jamabandi which was later on found to be fake. The petitioner obtained `1,25,00,000/- from the complainant and also gave a cheque of `80 lacs towards security, which on presentation before the bank got bounced. Learned State counsel submits that jamabandi, which was Jitender Kumar 2017.01.19 17:11 I attest to the accuracy and integrity of this document

CRM-M-46101 of 2016 -2supplied to the complainant, was found to be fake and cheque of `80 lacs was issued by Vineet Yadav son of the petitioner. The matter is still under investigation.

Keeping in view above facts and the fact that case of complainant is based on documentary evidence but without expressing any opinion on merits of the case, this petition is allowed. The petitioner is directed to surrender before the police and join investigation within a week. In the event of his arrest being required, he shall be released on bail, subject to his furnishing bond to the satisfaction of Arresting Officer, subject to the following terms:- (i) that the petitioner shall make himself available for interrogation by the police as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;

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

(iv) that the petitioner will seek regular bail on the presentation of challan in Court.

January 19, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.01.19 17:11 I attest to the accuracy and integrity of this document