Allowed

Mehtab Hassan v. State of Haryana

Punjab & Haryana HC24 Nov 2020CRM-M/18501/2020

Case brief

AI extract

What is this about?

Single judge converted interim anticipatory bail to absolute in a cheating/dishonour of cheque/money laundering case, finding custodial interrogation unnecessary after the petitioner joined investigation and paid the penal deficiency.

What did the court decide?

Converted interim anticipatory bail to absolute subject to joining investigation and abiding by Section 438(2) Cr.P.C. conditions.

Mehtab Hassan Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2020)

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In The High Court for the States of Punjab and Haryana At Chandigarh

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CRM-M-18501-2020 (O&M) Date of Decision:- 24.11.2020

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Mehtab Hassan … Petitioner

Versus

State of Haryana

... Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. G.C.Shahpuri, Advocate, for the petitioner.

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Ms. Sheenu Sura, DAG Haryana.

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(Proceedings conducted through video conferencing)

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GURVINDER SINGH GILL, J . (Oral)

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The petitioner seeks grant of anticipatory bail in a case registered vide FIR No.141, dated 19.6.2020, Police Station Chhachhrauli, District Yamuna Nagar, under Sections 420, 467, 468, 471 IPC.

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At the time of issuance of notice of motion, the following order was passed :-

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“The allegations against the petitioner are to the effect that when his truck (dumper) was apprehended by the police in connection with illegal mining, the petitioner got the same released subsequently while furnishing forged bills by mentioning the value of the truck (dumper) to be less than 25 lakhs and accordingly by paying 2.20 lakhs as penalty.

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MOHAN SINGH 2020.11.24 18:44 I attest to the accuracy and integrity of this document

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- 2 - CRM-M-18501-2020 (O&M)

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However, later during the course of investigation the police found out that the value of the truck (dumper) was infact about 31.5 lakhs and consequently the penalty leviable was to be 4 lakhs in view of order dated 19.2.2020 passed by National Green Tribunal as per which in case of a vehicle valued at more than 25 lakhs, the penalty is 4 lakhs.

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It has been submitted that the petitioner has made good the deficiency in penalty and that the total amount of `4 lakhs already stands paid.

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Notice of motion for 24.11.2020.

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Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.”

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The learned State counsel has informed that pursuant to interim directions, petitioner has since joined investigation and that the petitioner had already made good the deficiency in penalty.

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Having regard to the facts and circumstances and the fact that the petitioner has already deposited the deficient amount of penalty and has already joined investigation, his custodial interrogation is not warranted. The petition, as such, is accepted and the interim directions issued vide order dated 14.7.2020 are hereby made absolute subject to the condition that the petitioner shall appear and join investigation as and when called upon to do so and cooperate

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MOHAN SINGH 2020.11.24 18:44 I attest to the accuracy and integrity of this document

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CRM-M-18501-2020 (O&M)

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- 3 -

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with the Investigating Officer and shall abide by the conditions as

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

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Novemb mohan	er 24, 2020	(GURVIN	DER SINGH GILL) JUDGE
	Whether speaking /reasoned	Yes / No
	Whether Reportable	Yes / No

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MOHAN SINGH 2020.11.24 18:44 I attest to the accuracy and integrity of this document

Mehtab Hassan v. State of Haryana

Case brief

What is this about?

What did the court decide?

Mehtab Hassan v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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