High Court of Punjab and HaryanaCRM-M/38512/2020disposed of

Satpal Singh v. State Of Punjab

2021-10-01Mr. Justice Harsimran Singh Sethi3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (101 + 201) Date of decision: - 01.10.2021 Satpal Singh ....Petitioner

Versus

State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Sanjay Khan, Advocate for Mr. Simranjeet Singh Sarwara, Advocate, for the petitioner.

Mr. Sandeep Kumar, Deputy Advocate General, Punjab. **** HARSIMRAN SINGH SETHI , J. (ORAL) CRM-25627-2021 Present application has been filed for placing on record a copy of compromise deed dated 31.03.2021 as Annexure P-4. Application is allowed, as prayed for. Copy of compromise deed dated 31.03.2021 (Annexure P-4) is taken on record, subject to all just exceptions.

CRM-M-38512-2020 Petitioner is seeking anticipatory bail in FIR No.64 dated 07.06.2020, under Section 420 IPC, registered at Police Station Sadar Rajpura, District Patiala.

Learned counsel for the petitioner contends that the petitioner has joined investigation in terms of order passed by this Court on

-217.08.2021. Order dated 17.08.2021 is as under: "Present petition has been filed under Section 438 Cr.P.C for the grant of anticipatory bail to the petitioner in respect of FIR No.64 dated 07.06.2020 registered under Section 420 IPC at Police Station Sadar Rajpura, District Patiala.

Learned counsel for the petitioner submits that the parties have already compromised their dispute on 31.03.2021 and the amount due to the complainant is to be paid in the installments as per the said compromise.

On the last date of hearing, the State was directed to verify whether there is a compromise or not after recording the statement of the complainant.

Learned counsel for the respondent-State, on the instructions from SI Nirwair Singh, Police Station Sadar, Rajpura, submits that the complainant has confirmed the compromise entered into between the parties and according to the complainant, two cheques have been given by the petitioner to discharge his liability. Keeping in view the facts stated hereinbefore, the petitioner has made out a case for the grant of anticipatory bail. Petitioner is directed to join the investigation forthwith. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer/Investigating Officer on his furnishing bail bonds/surety bonds to his/her satisfaction subject to the following conditions:

i) That he shall make himself available for interrogation by the police officer as and when required.

(ii) That he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from from disclosing the said facts to the Court or to any police officer.

(iii) That he shall not leave India without prior permission of the Court.

(iv) That he shall abide by all the conditions as enshrined under Section 438 (2) Cr.P.C.

Adjourned to 01.10.2021.

-3It is, however, made clear that after the petitioner join the investigation, in case any incriminating material comes against the petitioner, the respondent-State will be at liberty to file appropriate application seeking the custody of the petitioner in case, the same is needed."

Learned State counsel, who has also joined the proceedings through video conference, on instructions from S.I. Nirvair Singh, states that in terms of the order of this Court reproduced before, the petitioner has joined the investigation and is not required for further interrogation, at this stage.

In view of the above, the order dated 17.08.2021 granting interim bail to the petitioner is made absolute. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.

In case at any given point of time hereinafter, it is felt by the Investigating Agency that petitioner is required for the investigation but is not co-operating, it will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.

( HARSIMRAN SINGH SETHI ) October 01, 2021 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?