The High Court made an order granting ad-interim bail absolute in a petition filed for anticipatory bail under Section 438 Cr.P.C. related to an FIR for cheating and criminal conspiracy.
The order dated 11.08.2017 granting ad-interim bail is made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-29423 of 2017 (O&M) Date of decision : 27.10.2017
Hakam Singh
...Petitioner
versus
State of Punjab ...Respondent
CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present : Mr. G.S.Sidhu, Advocate for the petitioner.
Ms. Seena Mand, DAG, Punjab.
Mr. Arnav Sood, Advocate for the complainant.
ANUPINDER SINGH GREWAL, J. (Oral)
The petitioner is seeking anticipatory bail in FIR No.83 dated 30.04.2017 under Section 406, 420, 120-B IPC registered at Police Station Navi Baradari, Jalandhar.
Learned counsel for the petitioner contends that in the year 2010, an agreement was entered into between the husband of complainantHarjinder Singh and Harbhajan Singh and it is merely mentioned in the agreement that money was handed over in the presence of petitioner-Hakam Singh. He further contends that a complaint in this regard was made on 07.01.2015 which was compromised between the complainant and Harbhajan Singh. It is further contended that another complaint was made on 10.04.2015 which was investigated by the Anti Human Trafficking Wing and the allegations were found to be false by the report dated 24.08.2015 (Annexure P-6). However, on the basis of same agreement entered into in the year 2010, the instant FIR has been lodged. He also contends that the
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CRM-M-29423-2017
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petitioner is being falsely implicated by the husband of the complainant Harjinder Singh, who is Head Constable in Punjab Police.
This Court vide order dated 11.08.2017 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.
Learned State counsel, on instructions from ASI Jatinder Kumar, states that in pursuance to the order dated 11.08.2017, the petitioner has joined investigation but money has to be recovered from him.
In view of the submissions of the learned counsel for the petitioner and without expressing any opinion on the merits of case, the order dated 11.08.2017, 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.
The petition stands disposed of accordingly.
(ANUPINDER SINGH GREWAL) JUDGE
27.10.2017 sonia
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2 issues framed by the court
Whether to make the order regarding anticipatory bail absolute.
Whether the petitioner should abide by the conditions under Section 438(2) Cr.P.C.
2 provisions across 2 enactments
Hakam Singh
State of Punjab
Anupinder Singh Grewal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
