Punjab-Haryana High Court
Kamal Kumar Chugh vs State Of Haryana on 2 April, 2019
Author: Inderjit Singh
Bench: Inderjit Singh
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CRM-M-11421-2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-11421-2019
Date of Decision: 02.04.2019
Kamal Kumar Chugh
... Petitioner
Versus
State of Haryana
... Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr. Rajat Malhotra, Advocate,
for the petitioner.
Mr. Sharad Kumar Yadav, Deputy Advocate General, Haryana.
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.78 dated 24.03.2017, registered at Police Station Julana, under Sections 420, 467, 468 and 471 of the Indian Penal Code.
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.
As per the prosecution version, the FIR was got registered against Wazir Singh and his companions for cheating the Reliance Company 1 of 2 ::: Downloaded on - 15-04-2019 01:52:41 ::: -2- CRM-M-11421-2019 for Rs.60 lakh by getting the insurance of dead persons and taking the money and dividing the same among themselves. Firstly, the present petitioner is not named in the FIR. Secondly, the present petitioner, as submitted by learned counsel for the petitioner, is a Business Development Officer of Bajaj Allianz.
As per learned counsel for the petitioner, the petitioner has not to do anything as his duty is to supervise the agents and to coordinate with them. The petitioner received the documents through e.mail and he has already stated all these facts to the investigating officer during joining of the investigation. Learned counsel for the petitioner also submits that there is only one policy relating to Bajaj Allianz.
In pursuance of the interim order dated 13.03.2019 passed by this Court, the petitioner has already joined the investigation. He is not required for custodial interrogation. 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 13.03.2019, 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.
02.04.2019 (INDERJIT SINGH)
parveen kumar JUDGE
Note: Whether speaking/reasoned : Yes
Whether reportable : No
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