Som Nath vs State Of Haryana

Manoj Bajaj, J

This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.276 dated 13.06.2019 under Sections 406, 420 and 120-B read with Section 34 of Indian Penal Code, 1860 registered at Police Station Shahbad.

The petitioner apprehended his arrest at the hands of Police.

There is no representation on behalf of the petitioner.

On 03.07.2019, while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:-

"Learned counsel for the petitioner contends that as per the allegations in the FIR itself, the alleged promise was made by Balbir Singh and amount in question was also paid to him. According to him, it was also admitted that the land in question was subsequently sold to some other person for a sale consideration of Rs. 70 lacs, whereas the promise with the complainant was made for sale consideration of Rs. 23,25,000/-.

Notice of motion for 07.11.2019.

In the meanwhile, petitioner shall join the investigation and would come present as and when called for and in the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438 (2) Cr.P.C."

Learned State counsel who is assisted by ASI Mahesh states that the petitioner has joined the investigation, however, he is unable to give a valid reason for custodial interrogation of the petitioner.

Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 03.07.2019 is made absolute.