Balwan v. State Of Haryana

2024:PHHC:023157 [215]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-62639-2023 Date of Decision : 20.02.2024 Balwan Singh

...Petitioner

versus State of Haryana ....Respondent Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Lalit Kumar Narang, Advocate for the petitioner. Mr. Sumit Jain, Addl. AG, Haryana.

*** DEEPAK GUPTA, J. (ORAL) [1] On 13.12.2023, the following order was passed by this Court:- " Present:

Mr. Lalit Kumar Narang, Advocate for the petitioner. **** Prayer in this petition is for grant of anticipatory bail under Section 438 Cr.P.C in case FIR No.0341 dated 17.06.2016 registered under Sections 120-B, 420, 452, 467, 468, 471, 506 of the IPC registered at Police Station Meham Rohtak, District Rohtak. Allegations are that petitioner along with co-accused prepared forged fabricated and fraudulent agreement to sell dated 03.01.2009 so as to sell the property.

It is contended by learned counsel for the petitioner that alleged agreement to sell was executed wayback in January, 2009, in which petitioner is only shown to be a witness. Attention in this regard is drawn towards agreement to sell (Annexure P-2). Still further, it is contended that that FIR has been lodged on the complaint made before the Magistrate in which the direction was given under Section 156(3) Cr.P.C. for registration of the FIR. Petitioner is now being sought to be arrested in 2023, after receipt of the FSL report. It is also contended that petitioner is ready to join the investigation.

Notice of motion.

Mr. Parveen Kumar Aggarwal, DAG, Haryana accepts notice on behalf of respondent- State.

RAJNEESH SHARMA 2024.02.20 04:12 I attest to the accuracy and integrity of this document Adjourned to 20.02.2024.

2024:PHHC:023157 CRM-M-62639-2023 -2In the meantime, in case of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. However, it is directed that the petitioner shall join the investigation as and when so required by the Investigating Officer. He shall not contact any person associated with the case to dissuade him from the investigation in any manner whatsoever and nor shall leave the country without prior permission of the Court. He shall further comply with the conditions stipulated in Section 438(2) Cr.P.C. " [2] Today, learned State Counsel, on instructions from ASI Rohtash, has informed this Court that the petitioner has joined the investigation, in compliance of the order dated 13.12.2023 and is no longer required for further investigation.

[3] In view of the aforesaid, the order dated 13.12.2023, whereby the petitioner was granted interim anticipatory bail, is hereby made absolute. However, he shall continue to join investigation, if and so required by the Investigating Officer.

[4] Disposed of.

(DEEPAK GUPTA) JUDGE 20.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.02.20 04:12 I attest to the accuracy and integrity of this document