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High Court of Punjab and HaryanaCRM-M/43338/2020allowed

Satbir Singh And ANR v. State Of Haryana

2021-04-05Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-43338-2020 (O&M) Date of Decision:-5.4.2021 Satbir Singh and another ... Petitioners

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Anil Kumar Malik, Advocate for the petitioners. Ms. Sheenu Sura, DAG, Haryana, assisted by SI Satpal.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.26 dated 25.2.2020 at Police Station Nigdhu, District Karnal under Sections 406, 420 and 506 of Indian Penal Code, wherein offences under Sections 467, 468 and 471 IPC were added later on.

2.

At the time of issuance of notice of motion the following order was passed on 28.12.2020:

" The allegations against the petitioners are that he had sold 25 kanals of land to mother of the complainant while representing that the same was free from encumbrances whereas later it transpired that loans from 3 PANKAJ KAKKAR 2021.04.05 18:17 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-43338-2020 (O&M) different banks had been obtained against the said land. It is further alleged that the petitioners on the basis of forged 'No Dues Certificate' had been able to secure false entries in jamabandies to the effect that the land is free from encumbrances. Pursuant to order dated 22.12.2020 learned State counsel has informed that as of now all the three loans raised from three different banks stand cleared. Notice of motion for 5.4.2021.

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners 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.

The learned State counsel, upon instructions from SI Satpal, has informed that pursuant to interim directions issued by this Court, the petitioners have since joined investigation. It has further been informed that all the loans raised by the petitioners from different banks already stand cleared and that they are not wanted in any other case.

4.

In view of the aforestated position, the petition is accepted and the interim directions issued by this Court vide order dated 28.12.2020 are hereby made absolute subject to the condition that the petitioners 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.

5.4.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.04.05 18:17 I attest to the accuracy and integrity of this document