High Court of Punjab and HaryanaCRM-M/45639/2017allowed

Vinay Kumar Dhawan v. State Of Haryana

2018-01-23Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-45639 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45639 of 2017 Date of Decision: 23.01.2018 Vinay Kumar Dhawan ....Petitioner

VERSUS

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

Present:

Mr. A.S. Gulati, Advocate for the petitioner.

Mr. Kapil Bansal, DAG, Haryana.

Mr. I.S. Saggu, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) This is second petition filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 178 dated 17.04.2016 registered for offences punishable under Sections 406, 420 of Indian Penal Code (for short 'IPC'), at Police Station Central Faridabad, District Faridabad.

Heard.

Learned counsel for the petitioner and learned counsel for complainant submit that petitioner and husband of complainant are present. The matter has been amicably settled. Under the settlement, the petitioner has paid `4 lacs.

Learned counsel for the petitioner submits that the petitioner has agreed to pay the balance amount due to complainant in installments of `10 lacs each. First installment shall be paid on or before 23.07.2018 and Jitender Kumar 2018.01.29 10:25 I attest to the accuracy and integrity of this document Chandigarh subsequent installments shall be paid by 23.01.2019, 23.07.2019 and

CRM-M-45639 of 2017 -223.01.2020. The petitioner will abide by the terms of settlement, failing which benefit of anticipatory bail allowed to him may be withdrawn. In view of submission of learned counsel for the petitioner and learned counsel for complainant, the present petition is allowed and order dated 11.12.2017 is made absolute till the presentation of challan, 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.

(v) In the event of non-compliance of terms of settlement between the parties, which have been produced today and made part of file, benefit of anticipatory bail allowed to petitioner shall stand withdrawn.

January 23, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2018.01.29 10:25 I attest to the accuracy and integrity of this document Chandigarh