Mehal Singh vs State of Punjab

Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case

FIR No.71 dated 23.06.2018, registered at Police Station Jhabal, District Tarn Taran, under Sections 409 and 506 of the Indian Penal Code.

Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.

From the record, I find that FIR, in the present case, was got registered on 23.06.2018 by one Ramandeep Kaur on the allegations that she had given

`2 lakhs for fixed deposit in the year 2013.

Learned counsel for the petitioner submits that the amount is stated to have been given in the year 2013 and as per the allegations in the FIR, the

accused-petitioner agreed to pay money upto 31.12.2016. Even then, the FIR was not got recorded immediately, rather it was got registered on

23.06.2018.

In pursuance of the interim order dated 01.08.2018 passed by this Court, the petitioner has already joined the investigation. He is not required for

custodial interrogation. Therefore, no useful purpose will be served by sending him to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any

opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 01.08.2018, granting interim bail to the petitioner,

is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438

(2) Cr.P.C.