High Court of Punjab and HaryanaCRM-M/41183/2023allowed

Syed Shahid Ali Rizwi v. State Of Punjab

2023-10-30Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:138484 CRM-M-41183-2023 Date of decision: October 30th, 2023 Syed Shahid Ali Rizwi .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. S.M. Hashmi, Advocate for the petitioner.

Mr. Digvijay Nagpal, Assistant Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Prayer in this petition is for grant of anticipatory bail to the petitioner in case FIR No.14 dated 11.05.2022 under Sections 406, 420 and 120-B of the IPC registered at Police Station NRI, SAS Nagar (Mohali).

Mr. Ranjivan Singh, Advocate, has filed power of attorney on behalf of the complainant, which is taken on record. Vide order dated 21.08.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner inter alia contends that though an amount of `3,29,424/- was indeed deposited in the account of the petitioner, however, it was also a matter of record that it was as a consultant that he charged `3,29,424/- as his fees for introducing the complainant to Adib Chemicals Company. While drawing the attention of this Court to the FIR in question, learned counsel has further PUNEET SACHDEVA 2023.10.30 17:20 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-41183-2023 -2asserted that other than this, there was no other role played by the petitioner in the alleged crime and no other amount was received by him. He further submits that the petitioner is ready to join investigation and cooperate with the investigating agency."

Learned counsel for the petitioner submits that in compliance of order dated 21.08.2023, the petitioner has joined investigation and cooperated with the investigating agency. Learned State counsel, on instructions from ASI Raj Kaur, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation. In view of the above, the petition is allowed and interim order dated 21.08.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

October 30th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.10.30 17:20 I attest to the accuracy and integrity of this document.

Chandigarh