Ved Parkash vs State of Haryana

Mehinder Singh Sullar, J.—Petitioner-Ved Parkash son of Dhyan Singh, has applied for anticipatory bail in a case registered against him along with his other co-accused, vide FIR No. 89 dated 23.02.2013, on accusation of having committed the offences punishable under Sections 408 and 201 IPC, by the police of Police Station City Ballabgarh, District Faridabad, invoking the provisions of Section 438 Cr.P.C. Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

During the course of preliminary hearing, the following order was passed by this Court on July 09, 2013:-

Learned counsel, inter alia, contended that as per the investigation conducted by the police, the petitioner was stated to have only misappropriated an amount of Rs. 15,000/-, which he has already paid to the complainant, vide cheque (Annexure P-7) and statement of accounts (Annexure P-8).

Heard.

Notice of motion be issued to the respondent, returnable for 24.07.2013.

Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of his arrest, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- to his satisfaction.

Status report, filed on behalf of the State, today in the Court, is taken on record.

At the very outset, on instructions from SI Raghbir Singh, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation, at this stage. There is no history of his previous involvement in any other criminal case. As per para No. 3 of the status report that on 08.04.2013, the complainant moved an application that petitioner had misappropriated Rs. 15,000/- of the school. It is not a matter of dispute that the petitioner has already deposited the amount of Rs. 15,000/-, in the account of school. All the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time.

In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner by this Court, by virtue of order dated July 09, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated u/s 438(2) Cr.P.C.

Needless to mention that, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this respect.