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High Court of Punjab and HaryanaCRM-M/41749/2020allowed

Vinod Kumar @ Vinod Arora v. State Of Punjab

2021-03-19Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 19.3.2021 Vinod Kumar @ Vinod Arora ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. N.S.Shekhawat, Advocate, for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Kaur Singh.

Mr. Shivam Malhotra, Advocate, for the complainant. (Proceedings conducted through video conferencing) ***** 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.282, dated 9.10.2020, Police Station Gobindgarh, Mandi, District Fatehgarh Sahib, under Sections 406, 420 IPC. 2.

The following order was passed on 14.1.2021:

- 2 - " Learned counsel for the petitioner submits that it is a case where on account of certain technical and legal problems, the entire project could not materialize and that as on date the land in question has been seized by ED. It has further been submitted that a perusal of the FIR would show that there is no such allegation that the petitioner had made any wrong or false representation in respect of the project inquestion and that the requisite permissions had been duly obtained. It has further been submitted that some other identically situated persons had also lodged FIRs in which this Court had granted anticipatory bail. Learned counsel in this regard has drawn the attention of this Court to such orders annexed with the petition as Annexures P-16 & P-17.

In view of the aforesaid factual position, the petitioner, in the event of arrest, is ordered to be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C. List again on 19.03.2021.

State to file a detailed status report on or before the next date of hearing."

3.

The learned State counsel, upon instructions from ASI Kaur Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that his custodial interrogation is not required.

4.

In view of the aforestated position wherein the petitioner has joined investigation and while also noticing that in some other identical

- 3 - cases registered vide FIR No. 38, dated 12.3.2018, Police Station Mandi Gobindgarh, District Fatehgarh Sahib, under Sections 420, 120-B IPC and FIR No.200 dated 12.7.2017, Police Station Tripuri, Patiala, under Sections 420, 120-B IPC, the accused mentioned in the said FIRs have been granted concession of anticipatory bail as would be evident from Annexures P-16 and P-17, the petition is hereby accepted and the interim directions issued by this Court vide order dated 14.1.2021 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. March 19, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No