Rajesh Kumar v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 2.3.2021 Rajesh Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ashit Malik, Advocate, for the petitioner. Ms. Sheenu Sura, DAG, Haryana, assisted by SI Durga Parsad.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.586, dated 5.11.2019, Police Station Hodal, District Palwal, under Sections 420, 406 IPC.

2.

At the time of issuance of notice of motion the following order was passed:

- 2 - " Learned counsel for the petitioner contends that it is in fact a case where the petitioner had taken some loan from the complainant and on account of which an agreement for sale of property was executed for the purpose of security and in fact the loan in question also stands repaid. Learned counsel has further submitted that although a suit for specific performance was also instituted by the complainant but the same was subsequently withdrawn on 31.7.2019 before the Lok Adalat and that later the present FIR was lodged after about 5 years of the execution of agreement dated 20.5.2014.

Notice of motion for 2.3.2021.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

The learned State counsel, upon instructions from SI Durga Parsad, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation. 4.

Keeping in view the nature of allegations and the fact that the case is mainly based on documentary evidence and that petitioner is not even stated to be involved in any other case, the petition is accepted and the interim directions issued by this Court vide order dated 29.10.2020 are hereby made absolute subject to the condition that the

- 3 - petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. March 2, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No