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High Court of Punjab and HaryanaCRM-M/59985/2022allowed

Gourav Sapra v. State Of Punjab

2023-04-20Mr. Justice Gurbir Singh2 pages

2023:PHHC:055738

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-59985-2022 Date of decision: 20.04.2023 GOURAV SAPRA

...Petitioner(s)

VERSUS

STATE OF PUNJAB

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE GURBIR SINGH

Present:

Mr. Sirat Sapra, Advocate for the petitioner.

Ms. Himani Arora, AAG Punjab.

**** GURBIR SINGH , J. (ORAL) The prayer in the present petition filed under Section 438 Cr.P.C is for grant of anticipatory bail to the petitioner in case FIR No.133 dated 02.12.2022 under Sections 406, 420, 34 of IPC registered at Police Station Mataur, District SAS Nagar (Annexure P-1).

On 22.12.2022, the following order was passed:- "Prayer in this petition is for grant of anticipatory bail in FIR No.133 dated 02.12.2022 under Sections 406, 420, 34 IPC, registered at Police Station Mataur, District SAS Nagar.

Learned counsel for the petitioner submits that as per allegations in the FIR, registered at the instance of one Ankur Kamboj, he had a dispute regarding purchase of flat with co-accused Sorav Sapra. It is further submitted that the complainant has already effected a compromise with Sorav Sapra and has relied upon the compromise deed dated 14.12.2022. It is also submitted that in terms of the compromise, main accused Sorav Sapra has already been granted the concession of regular bail.

KUSUM 2023.04.21 09:20 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

2023:PHHC:055738 CRM-M-59985-2022 -2Notice of motion for 08.03.2023.

In the meantime, the petitioner is directed to appear before the Investigating Officer within a period of 10 days to join investigation and he shall be released on interim bail on furnishing bail/surety bonds subject to the following conditions:-

1. He shall make himself available for interrogation by a police officer as and when required;

2. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

3. He shall not leave India without previous permission of the Court."

Learned State counsel, on instructions from SI Kamal Tanya HO-CP ACR submits that in compliance of the order dated 22.12.2022 the petitioner has already joined the investigation and he is not required for any custodial interrogation.

In view of above, the order dated 22.12.2022 granting interim bail to the petitioner, is made absolute. The petitioner shall abide by the conditions as laid down under Section 438(2) Cr.P.C. in letter and spirit. Petition is disposed of accordingly.

(GURBIR SINGH) JUDGE 20.04.2023 kusum Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No KUSUM 2023.04.21 09:20 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD