Manohar Pal Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-11.5.2022 Manohar Pal Singh ... Petitioner

Versus

State of Punjab ... Respondent \

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Puja Chopra, Advocate for the petitioner. Mr. Tanvir Joshi, AAG, Punjab, assisted by ASI Gurmeet Singh.

Mr. Sandeep Verma, Advocate for the complainant. ***** 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.166 dated 22.8.2021, Police Station Urban Estate, District Patiala, under Section 406 of Indian Penal Code. 2.

While granting interim anticipatory bail to the petitioner, the following order was passed on 19.1.2022:

"The matter has been taken up through video conferencing. For arguments, adjourned to 11.05.2022.

Learned counsel for the petitioner inter-alia contends that in the year 2012, the petitioner retired from the post of Executive

( 2 ) Engineer in Punjab State Power Corporation Limited; thereafter, he joined his father in a firm namely M/s Paul Motors (for short - the Firm) of which he later became the sole proprietor; Darshan Singh, Advocate, through his daughter, invested Rs.11.05 lakhs in the Firm; to oversee his investment, Darshan Singh got appointed Gurdeep Singh as a Supervisor in the Firm; there arose disputes between the parties with regard to the returns on the investment by Darshan Singh; two machines of the Firm were stolen by Gurdeep Singh; the petitioner lodged a complaint with the police with regard to the theft of the aforesaid two machines; as a counter blast, Gurdeep Singh filed a civil suit for injunction with regard to the aforesaid two machines; Darshan Singh then got lodged a FIR against the petitioner; the present dispute is a commercial dispute between the parties which has been given a criminal angle only to arm twist the petitioner and that the petitioner is also ready and willing to join the investigation as and when called by the investigating agency.

After considering the afore submissions, it is directed that till the adjourned date, subject to the petitioner's joining investigation as and when called by the investigating agency as also abiding by the other conditions provided under Section 438 (2) Cr.P.C, in the event of his arrest in FIR No.166 dated 22.08.2021 registered under Section 406 IPC at Police Station Urban Estate, District Patiala, he shall be released on ad interim anticipatory bail to the satisfaction of the Arresting Officer."

3.

Learned State counsel, upon instructions from the Investigating Officer, has informed that pursuant to interim directions, the petitioner has since joined investigation and is not required for any custodial interrogation. 4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide

( 3 ) order dated 19.1.2022 are hereby made absolute, subject to the condition that the 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. 11.5.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No