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High Court of Punjab and HaryanaCRM-M/47196/2021allowed

Darshan Lal @ Bhalla v. State Of Punjab

2022-03-15Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-47196-2021 (O&M) Date of Decision:- 15.3.2022 Darshan Lal @ Bhalla .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ajay Pal Singh Rehan, Advocate, for the petitioners. Mr. Luvinder Sofat, AAG, Punjab, assisted by ASI Narinder Singh.

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

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No. 98, dated 2.6.2020, Police Station Shahpur Kandi, District Pathankot, under Sections 420, 406, 120-B IPC. 2.

At the time of issuance of notice of motion the following order was passed on 10.11.2021:

"Learned counsel for the petitioner contends that even if the allegations as levelled in the FIR are taken to be correct, the dispute mainly pertains to payment of an amount in respect of sale of agriculture produce which in total amounts to Rs.1,38,400/-. It has been submitted that the matter being in the nature of a civil dispute, the criminal proceedings by way of the instant FIR are an abuse of process of law. PANKAJ KAKKAR 2022.03.15 17:47 I attest to the accuracy and authenticity of this document

- 2 - CRM-M-47196-2021 (O&M) Notice of motion for 15.3.2022.

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 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."

3.

Learned State counsel has informed that pursuant to aforesaid directions, the petitioner has joined investigation and he is not required for custodial interrogation.

4.

Having regard to the aforestated position wherein the petitioner has joined investigation and is not required for any custodial interrogation, the petition is accepted and interim directions issued by this Court vide order dated 10.11.2021 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.

15.3.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.03.15 17:47 I attest to the accuracy and authenticity of this document