Allowed

Laxshmi Chand v. State of Haryana

Punjab & Haryana HC26 May 2011CRM-M/8709/2011

Case brief

AI extract

What is this about?

The single-judge High Court granted anticipatory bail to the petitioner in a cheating case involving cheque-related offences. The court noted the petitioner joined the investigation, deeming custodial interrogation unnecessary, and ordered any future arrest be followed by immediate bail.

What did the court decide?

Anticipatory bail granted with a stay on arrest; future arrest to be followed by immediate bail under Section 438(2).

Laxshmi Chand Vs State of Haryana — Cheque Dishonour | Punjab & Haryana HC (2011)

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Crl. Misc. No.M-8709 of 2011 (O&M) ******

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Laxshmi Chand Vs. State of Haryana

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Present : Mr. Naveen Chopra, Advocate for the petitioner.

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Ms. Shalini Attri, D.A.G., Haryana.

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AJAY TEWARI, J. (ORAL)

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This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case F.I.R. No.68 dated 17.03.2010 registered under Sections 420, 417, 406, 506, 190, 120-B IPC at Police Station Taraori, Karnal.

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On 11.05.2011 the following order was passed:-

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“This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case F.I.R. No.68 dated 17.3.2010 registered under Sections 420, 417, 406, 506, 190, 120-B IPC at Police Station Taraori, Karnal.

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Learned counsel for the petitioner has argued that in fact the petitioner has not issued any cheque and if he is given interim protection he can convince the investigating officer about the same. I find this to be a fair request.

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In the circumstances, the petitioner is directed to appear before the investigating officer on 20.05.2011 between 10 A.M. to 4 P.M. to convince the investigating officer about his bonafides and on any other date as and when his presence required.

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Adjourned to 26.05.2011 to await the report of the investigating officer.

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In the meantime, arrest of the petitioner shall remain stayed.”

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Crl. Misc. No.M-8709 of 2011 (O&M)

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-2-

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On instructions from ASI Prithvi Singh learned Deputy Advocate General has stated that the petitioner has joined the investigation and he is no more required for custodial interrogation.

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In the circumstances, without going into the merits of the case, I deem it appropriate to grant the concession of anticipatory bail to the petitioner.

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Ordered accordingly.

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In the event of arrest of the petitioner, he shall be released on bail to the satisfaction of SHO/Investigating Officer subject to the conditions laid down under Section 438(2) Cr.P.C.

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Petition stands disposed of.

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( AJAY TEWARI ) May 26, 2011 JUDGE

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ashish

Laxshmi Chand v. State of Haryana

Case brief

What is this about?

What did the court decide?

Laxshmi Chand v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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