Manpreet Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-17.3.2022 Manpreet Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sherry K. Singla, Advocate for the petitioner. Mr. Luvinder Sofat, AAG, Punjab, assisted by ASI Jagtar Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner seeks grant of anticipatory bail in respect of a case registered against him vide FIR No.9 dated 18.1.2021 at Police Station City Khanna, District Khanna under Sections 420, 468, 469, 471 of Indian Penal Code. 2.

At the time of issuance of notice of motion, the following order was passed on 8.11.2021:

"Notice of motion for 24.1.2022.

The petitioner is directed to deposit an amount of Rs.2,00,000/- in the trial Court/Illaqa Magistrate within 15 days from today. Upon deposit of such amount, the trial Court shall get the same invested

( 2 ) in some FDR in some nationalized bank, which shall not be released without any further order of the Court. Meanwhile, in the event of arrest, the petitioner 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 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. It is further clarified that in case the aforesaid amount of Rs.2,00,000/- (rupees two lakhs) is not deposited within 15 days, the aforesaid interim directions shall stand vacated." 3.

Learned State counsel, upon instructions from the Investigating Officer, has informed that pursuant to interim directions the petitioner has deposited the amount of Rs.2 lakhs and that the petitioner has since joined investigation and is not required for any custodial interrogation. 4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 8.11.2021 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. 5.

The Trial Court/Illaqa Magistrate shall get the aforesaid amount of Rs.2 lakhs invested in some FDR with some Nationalized Bank with a specific direction to Manager of the bank concerned not to entertain any request for encashment of the same except under orders of the Court. Upon the petitioner being declared innocent or being acquitted and such acquittal attains finality,

( 3 ) the petitioner shall be entitled to proceeds of the said FDR. However, in case the petitioner is found guilty and is convicted and such conviction attains finality, the complainant shall be entitled to proceeds of the FDR in question. 17.3.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No