Punjab-Haryana High Court
Niranjan Singh And Another vs State Of Haryana on 26 February, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-29749 of 2008
Date of decision: 26th February, 2009
Niranjan Singh and another
... Petitioners
Versus
State of Haryana
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. S.S. Godara, Advocate for the petitioners.
Mr. S.S. Mor, Senior DAG Haryana for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
A Coordinate Bench, on November 14, 2008, had passed the following order:
"Present: Mr.S.S. Godara, Advocate for the petitioners.
This petition under Section 438 Cr.P.C. seeks bail to the petitioner in case FIR No. 402 dated 27.9.2008 under Sections 420, 467, 468, 471, 120-B IPC, Police Station, City, Fatehabad.
The FIR alleges that the complainant had been deceived by the accused-petitioners. Rs.6 lac had been extracted on the pretext of sending grand-son of the complainant abroad. Neither the grand-son had been sent abroad nor money had been returned. Subsequently, demand for money and interest was made. The accused promised to return the money to the extent of Rs.9,07,240/- on the intervention of the Panchayat or else the accused agreed to sell land to the complainant. Needful as per the agreement, however, had not been done.
Criminal Misc. No. M-29749 of 2008 Learned counsel for the petitioners contends that the petitioners are rather the victims at the hands of Mohinder Pal son of Prem Singh. Mohinder Pal had deceived petitioner No.2 and others and had extracted money. FIR No.32 dated 18.7.2006, Police Station, Ballianwali, District Bathinda has been registered and anticipatory bail to Mohinder Pal had been denied in the said case.
Notice of motion for 15.12.2008.
Respondent-State is required to verify the facts given out.
In the meantime, in the event of arrest, the petitioners will be released on interim anticipatory bail on furnishing of bail bonds to the satisfaction of the Arresting/ Investigating Officer subject to the following conditions:
'(i) The petitioners shall make themselves available for interrogation as and when required.
(ii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
(iii) The petitioners shall not leave India without the previous permission of the Court.' Sd/-
November 14, 2008 (AJAI LAMBA)
JUDGE"
Counsel for the State has submitted that even though the petitioners have joined investigation, the offence is serious.
Counsel for the State, on instructions from SI Ganga Ram, has stated that report under Section 173 Cr.P.C. shall be submitted to the Court of Illaqa Magistrate within 15 days from today.
In view of this, order passed by the Coordinate Bench on November 14, 2008 is affirmed till presentation of report under Section 173 Criminal Misc. No. M-29749 of 2008 Cr.P.C. (challan). Thereafter, regular bail application of the petitioners shall be decided by the trial Court on merits, on the basis of evidence gathered by the investigating agency.
With these observations, present petition is disposed off.
[KANWALJIT SINGH AHLUWALIA] JUDGE February 26, 2009 rps