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Yogesh Sethi vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 28 November 2017 · Citation: (2017) 11 P&H CK 0065

HON’BLE JUDGES
Anupinder Singh Grewal
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-438>Section 438(2)</a> - Direction for grant of bail to person apprehending arrest · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-174-A>Section 174-A</a> - · <a href
RESULT
Disposed
CASE NUMBER
M-38637 of 2017
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Judgment

28 paragraphs · 248 words
1.

The petitioner is seeking anticipatory bail in FIR

No.855 dated06.06.2017 under Section 174-A IPC, registered at

Police Station City Jagadhri, District Yamuna Nagar.

2.

Learned counsel for the petitioner contends that

petitioner was accused under Section 138 of the Negotiable

Instruments Act and the matter has been settled with the

complainant as entire payment has been made by the petitioner.

He further contends that petitioner was not served at his address

before the order declaring him proclaimed offender was passed.

In support of his contentions, he has relied upon the judgment of

a co-ordinate Bench of this Court in the case of " Microqual

Techno Limited and others v. State of Haryana and

another " 2015 (32) RCR (Criminal) 790.

3.

This Court, by the order dated 12.10.2017, had

directed the petitioner to join investigation and in the event of his

arrest, he was ordered to be released on ad-interim bail to the

satisfaction of Arresting/Investigating Officer, subject to the

conditions envisaged under Section 438(2) Cr.P.C.

4.

Learned State counsel, upon instructions from ASI

Surinder Kumar, states that in pursuance to the order dated

12.10.2017, the petitioner has joined investigation and is not

required for custodial interrogation.

5.

In view of the above and without expressing any

opinion on the merits of case, the order dated 12.10.2017,

granting ad-interim bail to the petitioner, is hereby made

absolute. However, the petitioner shall abide by the conditions

envisaged under Section 438(2) Cr.P.C.

6.

The petition stands disposed of accordingly.