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High Court of Punjab and HaryanaCRM-M/38188/2023allowed

Inderjit Singh Kanwar v. State Of Punjab

2023-08-10Mr. Justice Jasgurpreet Singh Puri3 pages



 

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 %  %"   2 3earned counsel for the petitioner submitted that the petitioner is in custody from 23.06.2023 and although the case is at the investigation stage but he has already faced incarceration for about 1 month and 18 days. Learned counsel while referring to the contents of FIR submitted that the allegations in FIR were that the complainant which is an institute had lodged a complaint on the ground

 

that the petitioner had agreed with them for installation of solar plant and agreement was to the extent of Rs.1,36,00,000/- and out of which Rs.41 lacs were paid to the petitioner but he has not done the same till date. He submitted that as per the allegations contained in FIR itself the matter was purely of civil nature and it was only a contractual matter by which an agreement for rendering of services was there, but the same was not rendered in time and which was given a criminal flavour by the police. He submitted that in view of the aforesaid position, the petitioner may be considered for the grant of regular bail. 3.

On the other hand,  $ 

 ' % &  has stated that it is correct that the petitioner is in custody from 23.06.2023 but he submitted that out of the total amount, 30% which was received by the petitioner for rendering of services, some of the amount he transferred in the name of his wife.

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I have heard learned counsel for the parties. 6.

A perusal of the FIR would show that as per the allegations there was an agreement to render services for installation of solar plant which was not rendered in time. The argument raised by learned counsel for the petitioner that it is a dispute of civil nature which has been given a criminal flavour carries weight. This Court is of the view that considering the nature of allegations against the petitioner, the petitioner deserves the concession of regular bail. 7.

-5'4 the present petition is allowed. )    '' 



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