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[Cites 7, Cited by 0]

Punjab-Haryana High Court

Sandeep Kumar vs State Of Haryana on 17 November, 2020

Author: Tejinder Singh Dhindsa

Bench: Tejinder Singh Dhindsa

         IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH

                                              CRM-M-24044-2020 (O&M)
                                              Date of Decision:17.11.2020
Sandeep Kumar

                                                              .......Petitioner
                                     Versus

State of Haryana

                                                              ....Respondent

CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA

Present:- Mr. D.S. Pheruman, Advocate for the petitioner.

          Mr. Saurabh Mohunta, DAG, Haryana.

                    *****

TEJINDER SINGH DHINDSA J.(Oral)

This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

This order shall dispose of the instant petition filed under Section 438 Cr.P.C. seeking concession of anticipatory bail to the petitioner in FIR No.110 dated 28.05.2020, registered under Sections 406, 420 IPC (Section 370 IPC and Sections 24 and 25 of Immigration Act added later on) at Police Station Ismailabad, District Kurukshetra.

While issuing of notice of motion, the following order was passed by this Court on 24.08.2020:-

The case is taken up through video conferencing on account of COVID 2019.
This is a petition filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No. 110 dated 28.5.2020 1 of 3 ::: Downloaded on - 18-11-2020 00:38:37 ::: CRM-M-24044-2020 (O&M) -2-

registered under Sections 406, 420 IPC (Section 370 IPC and Sections 24 and 25 of Immigration Act added later on) at Police Station Ismailabad, District Kurukshetra.

The allegations against the petitioner are that he had accepted an amount of Rs. 15,50,000/- from complainant in order to send him abroad (USA). However, after reaching USA, complainant was apprehended and then was deported to India.

Learned counsel for petitioner states that a compromise has been effected between the parties which is annexed as Annexure P-2 with the petition. In the affidavit, it is stated that FIR was got registered against petitioner due to some misunderstanding. Complainant has not paid any money to petitioner. He does not want to pursue the matter further.

Notice of motion.

Mr. Vivek Saini, Additional A.G. Haryana accepts notice on behalf of State.

Adjourned to 16.11.2020.

In the meanwhile, petitioner is directed to join investigation. In the event of arrest of petitioner, he be released on interim bail to the satisfaction of Arresting Officer/Investigating Officer. He will abide by conditions of Section 438 (2) Cr.P.C. Mr. Saurabh Mohunta, DAG, Haryana, on instructions from SI Satish Kumar informs the Court that the petitioner has since joined investigation and is not required for any custodial interrogation.





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             CRM-M-24044-2020 (O&M)                             -3-



In view of the above, petition is allowed. Order dated 24.08.2020 passed by this Court, is made absolute.

Petition disposed of.


                                              (TEJINDER SINGH DHINDSA)
                                                     JUDGE
November 17, 2020
shweta



         Whether speaking/reasoned              :   Yes/No
         Whether reportable                     :   Yes/No




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