Amandeep Singh v. State Of Punjab

{1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:12.10.2021 Amandeep Singh ... Petitioner Vs.

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Ms. Katyayni Dwevedi, Advocate for the petitioner.

Mr. Prabhjot Singh Walia, AAG, Punjab.

None for respondent No.2-complainant.

SUVIR SEHGAL, J. (Oral) Heard through video conferencing.

Instant petition has been filed under Section 438 of Cr.PC. seeking grant of anticipatory bail to the petitioner in case FIR No.0169 dated 14.07.2020 registered under Section 420 of Indian Penal Code, 1860 at Police Station Tanda, District Hoshiarpur (Annexure P-1). While granting interim protection to the petitioner, this Court passed the following order on 27.01.2021:- "The Court has been convened through video conferencing due to Covid-19 pandemic.

Counsel for the petitioner has argued that the dispute is

{2} purely civil in nature and it has been deliberately given a criminal colour in order to pressurize the petitioner to extract money from him. Counsel for the petitioner submits that in order to show his bonafide, the petitioner is prepared to deposit an amount of Rs.10 Lacs with the Registrar General of this Court, before the next date of hearing.

List on 08.03.2021.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C. The petitioner will surrender his passport at the time of release on interim bail."

In compliance of the said order, the petitioner has deposited the amount of Rs.10.00 lacs with the Registrar General of this Court. On 06.04.2021, counsel representing the complainant/respondent No.2 had submitted that the accused-petitioner has been extending threats to the complainant and a complaint in this regard has been submitted. He had sought time to place on record the same. However, there was no representation on behalf of the complainant on 14.09.2021 and even today, despite notice of the listing having been served upon counsel by the Registry, respondent No.2 remains un-represented.

{3} Upon instructions from ASI Anil Kumar, State counsel submits that the petitioner has joined the investigation and is no longer required for custodial interrogation. He has further instructions to submit that the petitioner is not involved in any other criminal case. In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 27.01.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

The amount of Rs.10.00 lacs deposited with the Registrar General of this Court be kept in Fixed Deposit with a Public Sector Bank for a period of six months with instructions for automatic renewal, subject to any further order passed by this Court on an application moved either of the parties.

(SUVIR SEHGAL) October 12, 2021 JUDGE savita Whether Speaking/Reasoned Yes Whether Reportable Yes