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High Court of Punjab and HaryanaCRM-M/25527/2020allowed

Chetan Sabharwal v. State Of Haryana And Others

2020-10-08Mr. Justice Arun Monga2 pages

206-B

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-25527 OF 2020 (O&M) DATE OF DECISION : 08.10.2020 Chetan Sabharwal

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. M. L. Saggar, Senior Advocate with Mr. Armaan Saggar, Advocate and Mr. Lokesh Sharma, Advocate, For the petitioner.

Mr. Bhupender Singh, DAG, Haryana.

Mr. Aditya Sanghi, Advocate, for respondent No.2/complainant.

ARUN MONGA, J. (ORAL) This is a petition for grant of regular bail in FIR No. 255 dated 19.06.2019 registered under Sections 406/419/420/467/468/370/120-B IPC and Section 24 of Immigration Act, 1983, at Police Station Baldev Nagar, District Ambala.

2.

Learned senior counsel for the petitioner argues that the petitioner has been falsely implicated in the case. He is in custody since 21.07.2020. The matter has been compromised and co-accused Surender Singh @ Chhinda has been granted interim bail by this Court vide order dated 16.09.2020 passed in CRM-M-28025-2020.

3.

Learned State counsel opposes the bail plea. He submits that there are 13 other similar cases pending against the petitioner. He is on anticipatory bail in some while in some of the said other cases he is yet to be arrested. PRADEEP NAUTIYAL 2020.10.09 07:50 I attest to the accuracy and integrity of this document

4.

Learned senior counsel per contra submits that the matter has been settled in all the pending cases. Pursuant thereto, petitioner has been granted anticipatory bail therein. His case is similar to that of Surender Singh @ Chhinda to whom interim bail has been granted by this Court and, thus, no useful purpose would be served by keeping the petitioner in custody indefinitely.

5.

A perusal of order dated 16.09.2020 passed in CRM-M-280252020 in the case of co-accused Surender Singh @ Chhinda, shows that in the other pending criminal cases the matter has indeed been settled with the complainants therein. The petitioner has been granted anticipatory bail in view thereof. It appears that a large number of complaints were filed against Surender Singh @ Chhinda (co-accused and brother of the petitioner) as he is a travel agent and has sent persons abroad, who illegally attempted to enter United States and were later arrested. On being deported they are trying to recover the money paid for tickets. All these matters have been settled and even in this case a settlement has been reached and, it so appears that various criminal cases have been registered only for the purpose of getting refunds and the allegations of cheating have been made only to get cases registered. 6.

In the premise, the instant petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, as the case may be. OCTOBER 08, 2020 (ARUN MONGA) shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No .

PRADEEP NAUTIYAL 2020.10.09 07:50 I attest to the accuracy and integrity of this document