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Punjab-Haryana High Court

Amin Alias Kalu vs State Of Haryana on 19 September, 2017

Author: Surinder Gupta

Bench: Surinder Gupta

CRM-M-28502-2017                                                        -1-



       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH.

                                        Crl. Misc. No.M-28502 of 2017 (O&M)
                                         Date of Decision: September 19, 2017

Amin @ Kalu
                                                      ......PETITIONER(s).

                          VERSUS

State of Haryana
                                                      ....RESPONDENT(s).


CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:     Mr. Saleem Ahmed, Advocate
             for the petitioner (s).

             Mr. Deepak Grewal, D.A.G., Haryana.

             Mr. Gautam Dutt, Advocate for complainant.

                          *******

SURINDER GUPTA, J.(Oral)

The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 99 dated 03.07.2016 registered for the offences punishable under Sections 420, 468, 471 read with Section 120-B of Indian Penal Code at Police Station Bahin, District Palwal.

Heard.

As per the complaint, the documents relating to the eductional qualification of Sajja wife of petitioner were found fake and fabricated. The petitioner is husband of Sajja and the allegation against him is that he had connived with Sajja in fabrication of documents of her educational qualification.

1 of 2 ::: Downloaded on - 23-09-2017 18:16:33 ::: CRM-M-28502-2017 -2- Learned State counsel submits that petitioner has joined the investigation.

The allegations against the petitioner are at the most of conspiracy to fabricate the documents and the matter is still under investigation. Custodial interrogation of petitioner is not required while investigating his alleged role in conspiracy to procure fabricated documents concerning educational qualification of his wife., Keeping in view the above fact but without expressing any opinion on the merits of the case, this petition is allowed and the order dated 04.08.2017 is made absolute till the presentation of challan, subject to the following terms:-

(i) that the petitioner shall make himself available for interrogation by the police as and when required;
(ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) that the petitioner shall not leave India without the prior permission of the Court.
(iv) that the petitioner will seek regular bail on the presentation of challan in Court.

( SURINDER GUPTA ) September 19, 2017 JUDGE Jyoti-II Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No 2 of 2 ::: Downloaded on - 23-09-2017 18:16:34 :::