High Court of Punjab and HaryanaCRM-M/46284/2018allowed

Ved Singh v. State Of Haryana

2019-01-23Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.46284 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.46284 of 2018 Decided on: 23.01.2019 Ved Singh ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Jai Vir Yadav, Advocate for the petitioner.

Mr. Naveen Sheoran, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.195 dated 01.09.2018, registered under Sections 406, 420, 120-B of the Indian Penal Code (in short 'IPC') at Police Station Bawal, District Rewari.

The operative part of the order dated 17.10.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that as per the allegations of the FIR got registered by Bimla Devi, real sister of the petitioner, she has extended certain amount of loan to the petitioner in the year 2004 for redemption of his land and, thereafter, on 14.03.2005, by way of a release deed, the land was transferred in the name of the complainant.

It is further stated in the FIR that in February 2018, the applicant when visited the village and inquired from MOHD YAKUB 2019.01.23 16:08 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.46284 of 2018 the Revenue officials, it came to her notice that vide sale deed dated 28.05.2014, the petitioner has transferred the said land in favour of Arun Kumar and others as named in the FIR.

Learned counsel for the petitioner submits that in fact there is a delay of 5 years in registration of the FIR and the transaction which has taken place between the petitioner and his sister in the year 2004, was a loan transaction and the petitioner has already filed a Civil Suit praying for cancellation of the release deed dated 14.03.2015, set up by complainant.

Notice of motion for 23.01.2019...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 17.10.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Bhagwan Dass, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 17.10.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 23.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.23 16:08 I attest to the accuracy and authenticity of this document High Court, Chandigarh