Manjeet Singh vs State Of Haryana

Harsimran Singh Sethi, J

The petitioner is seeking anticipatory bail in FIR No.165, dated 28.05.2021, under Section 406 IPC, registered at Police Station P.G.I.M.S. Rohtak, District Rohtak.

Learned counsel for the petitioner contends that the petitioner has joined investigation in terms of order passed by this Court dated 08.09.2021. Order dated 08.09.2021 is as under:-

"Present petition has been filed under Section 438 Cr.P.C for the grant of anticipatory bail in respect of FIR No. 165, dated 28.05.2021, registered under Section 406 IPC at Police Station P.G.I.M.S. Rohtak, District Rohtak.

Learned senior counsel for the petitioner argues that in the present case, without appreciating the facts in a correct perspective, the anticipatory bail filed by the petitioner has been rejected. Learned senior counsel for the petitioner submits that the amount of Rs. 25 lacs to be paid by the petitioner has been arrived at on the ground that the work executed by the petitioner's company in response to a tender issued by the department concerned is not of a good quality and hence, petitioner is liable to refund the said amount and even the ingredients of the section invoked of the IPC are not fulfilled in the facts and circumstances of this case.

Notice of motion.

Mr. Gaurav Bansal, learned Assistant Advocate General, Haryana, who has joined the proceedings through video conference, keeping in view the service of advance copy of petition, accepts notice on behalf of the respondent-State. Learned State counsel submits that it is correct fact that the amount of Rs. 25 lacs to be paid by the petitioner has been arrived at keeping in view the inferior quality of the work executed by the petitioner's company.

I have heard learned counsel for the parties and have gone through the record with their able assistance.

Keeping in view the facts and circumstances of this case, as the petitioner has undertaken before this Court to associate with the investigation and cooperate and nothing is to be recovered from him, the purpose of investigation will be achieved in case, petitioner is directed to join the investigation.

Petitioner is directed to join the investigation forthwith.

In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer/Investigating Officer on his furnishing bail bonds/surety bonds to his/her satisfaction subject to the following conditions:

v) That he shall make himself available for interrogation by the police officer as and when required.

vi) That 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 from disclosing the said facts to the Court or to any police officer.

vii)That he shall not leave India without prior permission of the Court.

viii)That he shall abide by all the conditions as enshrined under Section 438 (2) Cr.P.C. Adjourned to 30.11.2021.

It is, however, made clear that after the petitioner joins the investigation, in case any incriminating material comes against the petitioner, the respondent-State will be at liberty to file appropriate application seeking the custody of the petitioner in case, the same is needed."

Learned State counsel, who has also joined the proceedings through video conference, on instructions from ASI Pankaj, Police Station P.G.I.M.S. Rohtak, states that in terms of the order of this Court reproduced before, the petitioner has joined the investigation and no further interrogation is required at this stage.

Learned counsel for the petitioner undertakes that petitioner will join investigation and also cooperate with the investigating agency in case he is required for the same in future as well.

In view of the above, the order dated 08.09.2021 granting interim bail to the petitioner is made absolute.

However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.

In case at any given point of time hereinafter, it is felt by the investigating agency that petitioner is required for the investigation but is not cooperating, they will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.