High Court of Punjab and HaryanaCRM-M/5470/2017allowed

Aalia Hassan v. State Of Punjab

2018-11-20Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-5470 of 2017 (O&M) Date of Decision: November 20, 2018 Aalia Hassan

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Deepak Goyal, Advocate for the petitioner.

Mr.Pawan Sharda, Sr. DAG, Punjab for the respondent-State.

Mr.Daman Dhir, Advocate for the complainant.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.139 dated 10.09.2016 under Sections 420 and 120-B IPC, registered at Police Station City-I, Malerkotla, District Sangrur.

Notice of motion was issued. Learned State counsel as well as learned counsel for the complainant appeared and contested the petition. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. In the present case, the dispute was of about `5 lakhs. As per VINEET GULATI 2018.11.21 15:52 I attest to the accuracy and authenticity of this document Chandigarh order dated 06.03.2018, `3.50 lakhs was already paid and then `75,000/-

CRM No.M-5470 of 2017 -2was paid on 20.08.2018. For remaining amount, the case was adjourned for today. Learned counsel for the petitioner contended that as per his instructions, total amount has been paid to the complainant. Learned counsel for the complainant stated that he has not verified this fact from the complainant.

The petitioner has already joined the investigation. He is not required for investigation or custodial interrogation. No useful purpose will be served by sending the petitioner to custody. Keeping in view the facts and circumstances of the case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find it a fit case, where the petitioner is entitled to benefit of anticipatory bail. Therefore, the present petition is accepted and the order dated 20.02.2017 granting interim bail to the petitioner, is made absolute, subject to the condition that he shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. November 20, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2018.11.21 15:52 I attest to the accuracy and authenticity of this document Chandigarh