Charan Singh vs State Of Haryana

Gurvinder Singh Gill, J

The petitioner has approached this Court seeking grant of anticipatory bail in a case registered against him vide FIR No.559 dated 4.11.2019 under

Sections 406/420/506/34 IPC, Section 3/4/5/6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 3 of the Haryana

Protection of Interest of Depositors in Financial Establishment Act 2013 (Haryana Act No. 32 of 2014) at Police Station City Fatehabad, District

Fatehabad, Haryana.

On the last date of hearing the following order was passed :-

“Learned counsel for the petitioner submits that he has falsely been implicated in the present case and that there is no evidence worth credence

which connect the petitioner with the alleged scam of Rs. 5,30,000/-, in which the petitioner as well as another co-accused are sought to be involved.

Learned counsel for the petitioner has further submitted that while reserving his rights to challenge the FIR, his client is willing to deposit an amount of

Rs. 1,25,000/- in order to show his bona fide.

The petitioner, as per his offer, may deposit an amount of Rs. 1,25,000/- before the Trial Court within 15 days from today. In case, any such amount is

deposited, the same shall be disbursed upon conclusion of trial to the complainant in case the petitioner is found guilty and to the petitioner in case the

allegations are not substantiated.

List on 13.3.2020.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction

of Arresting/Investigating Officer. However, the petitioner 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.â€​

Pursuant to passing of the aforesaid order, the petitioner has already deposited an amount of Rs. 1,25,000/-, as has been confirmed by learned State

counsel, who has sought instructions from ASI Om Parkash. It is not disputed that the total amount involved in the present case is Rs. 5,30,000/-, out

of which the present petitioner has deposited Rs. 1,25,000/- while the co-accused Raj Kumar has also deposited another amount of Rs. 1,25,000/-.

The petitioner has joined investigation pursuant to interim directions.

Although the learned State counsel assisted by counsel for the complainant has submitted that since the petitioner is involved in other identical cases

and has not disclosed the particulars of the software used by the petitioner, therefore, the petitioner does not deserve the concession of bail but this

Court upon examining the facts and circumstances of the case and the fact that a total amount of Rs. 2,50,000/- already stands deposited in the

present case out of the alleged defrauded amount of Rs. 5,30,000/- and also keeping in view that the petitioner has already joined investigation, his

custodial interrogation is not warranted.

The petition, as such, is accepted and the interim directions issued by this Court vide order dated 10.1.2020 are hereby made absolute subject to the

condition that the petitioner shall continue to appear before the Investigating Officer as and when called upon to do so and shall also abide by the

conditions as provided under Section 438 (2) Cr.P.C.