Allowed

Mahender v. State of Haryana

Punjab & Haryana HC22 Feb 2012CRM-M/32325/2011

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail under Section 438 Cr.P.C. in a case alleging cheating and forgery. The Court accepted the petition, granting pre-arrest bail upon arrest, subject to conditions and surrender of bonds, with the trial court empowered to cancel bail on breach.

What did the court decide?

Pre-arrest bail granted to the petitioner upon furnishing personal and surety bonds to the arresting officer, subject to surrendering regular bail bonds after the filing of the police report under Sec

Mahender Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2012)

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Criminal Misc. No. M- 32325 of 2011

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In the High Court of Punjab and Haryana, at Chandigarh

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Criminal Misc. No. M- 32325 of 2011

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Date of Decision: 22.2.2012

Mahender

... Petitioner

Versus

State of Haryana

... Respondent

CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.

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Present: Ms. Geeta Singhwal, Advocate for the petitioner.

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Mr. Amandeep Singh, Assistant Advocate General, Haryana, for the respondent.

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Kanwaljit Singh Ahluwalia, J. (Oral)

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The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of FIR No. 117 dated 18.3.2011, registered at Police Station Meham, District Rohtak, Haryana, under Sections 420, 406, 467, 468, 471, 120-B and 34 IPC.

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A Co-ordinate Bench of this Court, on 21.10.2011, had passed the following order:-

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“Counsel for the petitioner contends that according to provisions of the Scheme, any member

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Criminal Misc. No. M- 32325 of 2011

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of the family of applicant should not have earlier been allotted any plot of 100 Sq. yds. or more by Gram Panchayat or Government under any Scheme. It is submitted that in the instant case the petitioner had earlier been allotted plot measuring three marlas, which is less than 100 sq. yds. and therefore, the affidavit filed by petitioner's wife for allotment of second plot cannot be said to be false.

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Notice of motion for 19.12.2011.

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Meanwhile, the petitioner, if arrested, shall be released on interim bail to the satisfaction of the Arresting Officer, subject to the conditions specified in Section 438(2) of the Code of Criminal Procedure. The petitioner shall join the investigation as and when required by the police.”

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Learned counsel for the respondent, on instructions from Ram Niwas, Assistant Sub Inspector, Police Station Meham, District Rohtak, submits that the petitioner has joined investigation, however, the letters submitted by him to the authorities for allotment of plot are still to be taken into possession.

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Admittedly, the letters are with the authorities to whom the same were submitted for allotment of the plot. The Investigating Officer can always gather those documents from the officials of the concerned institution. Thus, custodial interrogation of the petitioner is not called for.

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In view of the statement made by learned counsel for the

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Criminal Misc. No. M- 32325 of 2011

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respondent and for the reasons stated in the order dated 21.10.2011, passed by the Co-ordinate Bench of this Court, the present petition is accepted. In the event of arrest of the petitioner, he shall be admitted to pre-arrest bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer, till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C., the petitioner shall furnish regular bail-bonds to the satisfaction of the Court concerned. The trial Court shall be empowered to cancel bail of the petitioners in case of breach of any of the terms & conditions of the bail bonds.

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(Kanwaljit Singh Ahluwalia) Judge

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February 22, 2012 “DK”

Mahender v. State of Haryana

Case brief

What is this about?

What did the court decide?

Mahender v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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