Bimlesh Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:27.09.2021 BIMLESH KUMAR ......Petitioner Vs STATE OF HARYANA .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr.G.C.Shahpuri, Advocate for the petitioner.

Mr.Rajat Gautam, DAG, Haryana.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video-conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.116 dated 18.08.2020 registered under Sections 379, 406, 420 IPC at Police Station Sadar Jagadhri District Yamuna Nagar. On 27.04.2021, following order was passed by this Court:- "The case has been taken up for hearing through video conferencing.

Notice of motion was issued on 04.12.2020 and arrest of the petitioner was also stayed. Learned

-2counsel for the petitioner contended that the dispute between the parties was in respect of excess payment. The matter was referred to Economic Crime Branch, Yamuna Nagar for investigation. It was found in the investigation that there was a money transaction between the parties in respect of work of white wash done in the house of the complainant and the dispute was found to be of civil nature. The counter complaint filed by the complainant is also pending with the Police.

Adjourned to 20.07.2021.

In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 01.05.2021 at 11.00 a.m. and in the event of his arrest, he shall be enlarged on interim bail, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Nothing expressed hereinabove shall be construed to be an opinion in the merits of the case. The case shall be decided on the merits on the adjourned date."

Thereafter, the petitioner was again directed to join investigation vide order dated 20.07.2021 owing to non cooperation rendered by him to the Investigating Officer. Today, learned State counsel, on instructions from ASI Kewal Singh, submits that the petitioner has joined the

-3investigation to the entire satisfaction of the Investigating Officer and he is no more required for further investigation in the case. In view of statement made by learned State counsel, the interim orders dated 27.04.2021 and 20.07.2021 are made absolute. Petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH) 27.09.2021 JUDGE anita Whether speaking/reasoned Yes/No Whether reportable Yes/No