High CourtsSingle Bench

Thomas vs State Of Punjab And Anr

Punjab And Haryana At Chandigarh · Decided on 15 February 2021 · Citation: (2021) 02 P&H CK 0136

HON’BLE JUDGES
Anupinder Singh Grewal, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 306 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 16114 Of 2020 (O & M)
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Judgment

25 paragraphs · 390 words

Anupinder Singh Grewal, J

The petitioner is seeking anticipatory bail in FIR No.133 dated 16.10.2019, under Sections 306, 120-B of the Indian Penal Code ('IPC' - for short),

registered at Police Station Majitha Road, District Amritsar City.

On 02.07.2020, a Coordinate Bench of this Court had passed the following order:-

“Case is being taken up for hearing through Video Conferencing due to the outbreak of pandemic Covid-19.

Learned DAG, Punjab, on instructions received from the Investigating Officer states that the complainant’s father is not the owner of the medical

shop and the same is in the name of one Vishal Sharma.

Learned counsel for the petitioner states that in view of the statement made by learned DAG, Punjab, it is apparent that it is the petitioner, who has

been cheated by the complainant’s father by projecting himself to be the owner of the medical shop and thereby entering into an agreement with

the petitioner for a sum of Rs.12 Lakh against which a total payment of Rs.10 Lakh was made partly in account and partly in cash.

Learned counsel for the petitioner further states that the complainant of the case may impleaded as respondent No.2 as his presence is necessary for

the fair and proper adjudication of the matter.

Ordered accordingly.

List on 06.08.2020.

In the meantime, the petitioner shall join investigation as and when called upon to do so by the investigating officer. In the event of his arrest, the

petitioner shall be released on ad-interim pre-arrest bail subject to hisfurnishing adequate bail bonds to the satisfaction of the Arresting/Investigating

Officer. The petitioner shall fully cooperate with the Investigating Officer and shall abide by the terms and conditions as envisaged under Section

438(2) of Cr.P.C., failing which, interim protection granted to him shall stand vacated.

Learned counsel for the petitioner to file amended memo of parties in the Registry within three days.

List along with CRM-M-55064 of 2019.â€​

Learned State counsel, upon instructions from ASI Sukhjinder Singh, states that the petitioner has joined investigation.

In view of the above and the petitioner having joined investigation, the order dated 02.07.2020 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.

The petition stands disposed of.