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High Court of Punjab and HaryanaCRM-M/28607/2024allowed

Hardeep Singh v. State Of Haryana

2025-04-29Mr. Justice Sanjay Vashisth3 pages

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 29.04.2025 Hardeep Singh . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Ruhani Chadha, Advocate for the petitioner(s).

Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

Mr. Ishan Cooner, Advocate for the complainant.

**** SANJAY VASHISTH, J. (Oral) 1.

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District Hardeep Singh 339 14.07.2023 406, 420 & 201 of IPC Baldev Nagar Ambala 2.

In the present case, on 07.08.2024, following order was passed:- "

This application under Section 482 read with Section 439 Cr.P.C. has been filed for grant of interim bail to the applicant-petitioner for a period of 45 days in order to settle the matter with the complainant. Learned counsel for the applicant-petitioner submits that in order to show his bona-fide, a demand draft for a sum of Rs.50,000/- (Annexure P7) issued in the name of Bhupinder Singh-complainant has been prepared. He further seeks indulgence of this Court to refer the parties before Mediation & Conciliation Centre of this Court so that terms and conditions of the compromise can be arrived between the parties. Notice of the application.

Mr. Anmol Malik, DAG, Haryana, accepts notice on behalf of the respondent-State and Mr. J.S. Cooner, Advocate, puts in appearance and accepts notice on behalf of the complainant. Learned counsels have no objection, if the application is allowed.

Heard.

- 2 - Accordingly, the application is allowed and the applicant-petitioner is granted interim bail for a period of two weeks from the date of his actual release on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate, concerned subject to such terms and conditions as may be imposed by the learned trial Court/Duty Magistrate concerned. After expiry of period of interim bail, the applicantpetitioner shall surrender before the jail authorities concerned. The parties are directed to appear before the Mediation & Conciliation Centre of this Court on 12.08.2024 at 11.00 a.m. for an amicable settlement between them."

Thereafter, on 21.08.2024, following order was passed:- "CRM-33090-2024 This application has been filed under Section 482 Cr.P.C. for preponment of the main case viz. CRM-M-28607-2024, which is fixed for 12.09.2024, as the matter has been settled with the complainant. Notice of the application.

At the asking of the Court, Mr. Anmol Malik, DAG, Haryana, accepts notice on behalf of the respondent-State and Mr. Ishan Cooner, Advocate puts in appearance and accepts notice on behalf of the complainant. Learned counsels have no objection, if the application is allowed.

Accordingly, the application is allowed and the date of hearing in the main case is preponed to today itself and the main case is taken on board.

Learned counsel for the petitioner submits that the matter has been compromised between the parties and Rs.1,00,000/- has been paid to the complainant and the remaining amount i.e. Rs.2,50,000/- will be paid on or before 31.12.2024.

Report dated 14.08.2024 has been received from the Mediator wherein, it is stated that the parties have arrived at a settlement and that the first party-petitioner will make a total payment of Rs.3,50,000/- to the second party-complainant in three instalments per the terms of settlement and third and final instalment of Rs.2,50,000/- will be paid vide cheque on or before 12.09.2024 and the same shall bear a date of 31.12.2024. In view of above, in the interest of justice, the matter is adjourned to 09.01.2025.

Order dated 07.08.2024 passed by this Court to continue till the next date of hearing."

3.

Today, it is informed that the total disputed amount in the present case was Rs.4,60,000/-, however, before the Mediation and Conciliation Centre of this Court, it was reduced to the level of Rs.3,50,000/-, for resolving the dispute between the parties, for all times to come.

4.

Counsel for the petitioner submits that an amount of Rs.3,00,000/- has already been paid to the complainant - Bhupinder Singh,

- 3 - and said fact has been confirmed by counsel appearing for the complainant also.

5.

Counsel for the petitioner further submits that the balance amount of Rs.50,000/-, shall also be paid to the complainant within a period of next two weeks, failing which, he would not be entitled to the final relief, if any, granted in the present petition.

6.

Considering the submissions of the respective counsel, the interim order dated 07.08.2024, passed in CRM-31088-2024, is hereby ordered to be made absolute.

However, it is made clear that if the balance amount of Rs.50,000/-, as undertaken by the petitioner's counsel before this Court, is not paid by the petitioner to the complainant - Bhupinder Singh, within the stipulated period of two weeks, in that eventuality, complainant - Bhupinder Singh, shall be at liberty to file an appropriate application for cancellation of present bail order.

Petition stands disposed of in above terms.

(SANJAY VASHISTH) JUDGE April 29, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No