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Rajesh Kumar vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 2 March 2021 · Citation: (2021) 03 P&H CK 0025

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 406, 420 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 34514 Of 2020 (O&M)
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Judgment

19 paragraphs · 341 words

Gurvinder Singh Gill, J

1.

 The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.586, dated 5.11.2019,

Police Station Hodal, District Palwal, under Sections 420, 406 IPC.

2.

At the time of issuance of notice of motion the following order was passed:

“ Learned counsel for the petitioner contends that it is in fact a case where the petitioner had taken some loan from the complainant and on

account of which an agreement for sale of property was executed for the purpose of security and in fact the loan in question also stands repaid.

Learned counsel has further submitted that although a suit for specific performance was also instituted by the complainant but the same was

subsequently withdrawn on 31.7.2019 before the Lok Adalat and that later the present FIR was lodged after about 5 years of the execution of

agreement dated 20.5.2014.

Notice of motion for 2.3.2021.

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€​

3.

The learned State counsel, upon instructions from SI Durga Parsad, has informed that pursuant to interim directions issued by this Court, the

petitioner has since joined investigation.

4.

Keeping in view the nature of allegations and the fact that the case is mainly based on documentary evidence and that petitioner is not even stated

to be involved in any other case, the petition is accepted and the interim directions issued by this Court vide order dated 29.10.2020 are hereby made

absolute subject to the condition that the petitioner shall join 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.