Azad And ANR v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-53191-2019 (O&M) Date of Decision:-13.1.2020 Azad and another ... Petitioners

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Yash Dev Kaushil, Advocate for the petitioners. Mr. Ashok Singh Choudhary, Addl. Advocate General, Haryana. ***** 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.430 dated 13.7.2019 at Police Station Surajkund, District Faridabad under Sections 379, 420, 201 and 34 of Indian Penal Code.

2.

The FIR was lodged at the instance of Sakender Thakur, wherein he alleged that on 13.4.2019 two persons exchanged his ATM card, while he was present at the ATM and who fraudulently withdrew an amount of `19,000/- from his account.

3.

The learned counsel for the petitioners has submitted that FIR came to be lodged under some misunderstanding, which has now been resolved and the matter has been amicably resolved amongst the parties. It has been informed PANKAJ KAKKAR 2020.01.13 17:23 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-53191-2019 (O&M) that pursuant to the compromise, a petition of quashing of FIR on grounds of compromise i.e. CRM-M-49446 of 2019 has already been filed in this Court, wherein notice of motion has been issued for 19.3.2020. 4.

Although the learned State counsel has feigned ignorance about the aforesaid compromise but it has been informed that the petitioners are involved in four other identical cases.

5.

I have considered rival submissions addressed before this Court. 6.

In view of the fact that the matter pertains to an amount of `19,000/- only, which is stated to have been compromised, custodial interrogation is not warranted.

7.

The petition, as such, is accepted. In the event of arrest, the petitioners be released on 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 Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

13.1.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2020.01.13 17:23 I attest to the accuracy and integrity of this document