Karnail Singh v. State Of Haryana

4.

During the course of hearing on , this Court has passed the following order:- "By way of present petition filed under Section 438 Cr.P.C, the petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:- 2.

Learned counsel for the petitioner, inter alia, contends that the petitioner is innocent and has been falsely implicated in this case. He submits that the present FIR was got registered by the complainant, namely Pardeep Kumar, on the allegation that some agreement to sell was got executed in his favour on behalf of one Koshambi Tomar but neither the sale deed had been got executed nor the earnest money was returned.

3.

It is further contended by learned counsel for the petitioner that agreement to sell is dated 14.09.2020 annexed as Annexure P-2, wherein the petitioner is neither the signatory nor the beneficiary in any manner. He also referes to the complaint dated 04.01.2023 moved by the said complainant to the Superintendent of Police, Ambala, i.e. Annexure P-3 to submit that in fact the complainant had grievance qua Koshambi Tomar & Harpreet Singh and has not uttered any grievance against the present petitioner. He also refers to the order dated 05.10.2023 passed by learned Additional Sessions Judge, Ambala, whereby the co-accused, namely Suminder Singh @ Dr. Kamal, who happens to be the witness of the said agreement, has been granted the concession of anticipatory bail.

4.

Notice of motion, returnable for 22.11.2023.

5.

On the asking of the Court, Ms. Gaganpreet Kaur, DAG, Haryana, present in Court, accepts notice on behalf of the State-respondent and does not disputed the aforesaid fact. She intimates, on instructions from ASI Satish Kumar, that the petitioner is not the signatory to the agreement and that reply on behalf of State-respondent has already been filed in the matter.

6.

After considering the respective submissions and in the interest of justice, the petitioner is hereby directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the

Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 438(2) Cr.P.C."