Prem Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-7670 of 2015 Date of Decision: 17.11.2015 Prem Singh --Petitioner.

Vs.

State of Punjab --Respondent.

CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present : Mr. Rajinder Mathur, Advocate for the petitioner.

Mr. Daljit Singh Virk, AAG, Punjab.

Mr. B.S.Sewak, Advocate for the complainant.

**** RAMESHWAR SINGH MALIK J. (ORAL) Petitioner seeks pre-arrest bail in FIR No. 14 dated 7.2.2015 under Sections 406/420/467/468/471/120-B IC, registered at Police Station Civil Lines, Patiala.

Notice of motion was issued and interim protection was granted.

Learned counsel for the petitioner submits that in compliance of the order passed by this Court, petitioner has joined the investigation and he is no more required for the purpose of any further investigation. He prays for allowing the present petition. On the other hand, learned counsel for the complainant as well as learned counsel for the State submit that petitioner received huge amount from the complainant and thereafter, wrote to the AMIT KUMAR 2015.11.18 09:58 I attest to the accuracy and authenticity of this document

Criminal Misc. No. M-7670 of 2015 Improvement Trust not to accept the remaining amount from the complainant, thereby causing serious prejudice to him. They pray for dismissal of the present petition.

Having heard the learned counsel for the parties, after careful perusal of the record of the case and giving thoughtful consideration to the rival contentions raised, this Court is of the considered opinion that in the given fact situation of the present case, particularly the fact that the matter is of civil nature, petitioner has been found entitled for the concession of anticipatory bail. It is so said, because two civil suits filed by the petitioner and complainant against each other are pending. There are three agreements to sell available on record. In such a situation, custodial interrogation of the petitioner would not be required.

In view of the above, instant petition is allowed and the order dated 11.3.2015 passed by this Court is hereby made absolute, however, subject to the conditions envisaged under Section 438 (2) Cr.P.C.

Disposed of, accordingly.

(RAMESHWAR SINGH MALIK) JUDGE 17.11.2015 AK Sharma AMIT KUMAR 2015.11.18 09:58 I attest to the accuracy and authenticity of this document