Punjab-Haryana High Court
Rajeev Chugh vs State Of Punjab on 21 May, 2019
Author: Inderjit Singh
Bench: Inderjit Singh
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CRM-M-14659-2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-14659-2019
Date of Decision: 21.05.2019
Rajeev Chugh
... Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr. Arshuvir S. Sandhu, Advocate for
Mr. S.P.S.Sidhu, Advocate,
for the petitioner.
Ms. Monika Jalota, DAG, Punjab.
INDERJIT SINGH, J. (Oral)
Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.01 dated 01.01.2019, registered at Police Station City-II Abohar, District Fazilka, under Sections 420, 120-B, 384 and 385 of the IPC and Section 36 of the Punjab Apartment and Property Regulation Act, 1995.
Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.
The main allegation against the present petitioner is that he alongwith co-accused carved out a colony but basic amenities have not been 1 of 2 ::: Downloaded on - 23-06-2019 17:17:12 ::: -2- CRM-M-14659-2019 provided to the purchasers. It is also mentioned in the FIR that the accused have also carved out two more unauthorized colonies.
In pursuance of the interim order dated 11.04.2019 passed by this Court, the petitioner has already joined the investigation. He is not required for custodial interrogation. Nothing is to be recovered from him. Therefore, no useful purpose will be served by sending him to custody.
Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 11.04.2019, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.
21.05.2019 (INDERJIT SINGH)
parveen kumar JUDGE
Note: Whether speaking/reasoned : Yes
Whether reportable : No
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