P.Srinivasa Rao And Others vs State Of Punjab And Another on 1 April, 2013

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Punjab-Haryana High Court

P.Srinivasa Rao And Others vs State Of Punjab And Another on 1 April, 2013

Bench: Ram Chand Gupta

Crl.M.No.M-4775 of 2011(O&M)                                          -1-

IN THE HIGH COURT OF PUNJAB                       AND HARYANA AT
                 CHANDIGARH.

                                      Crl.M.No.M-4775 of 2011(O&M)
                                      Date of Decision: April 1, 2013

P.Srinivasa Rao and others
                                                  .....Petitioners
                               v.

State of Punjab and another
                                                  .....Respondents

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

Present:    Mr.Alok Jain, Advocate
            for petitioner no.1.

            Mr.P.S.Paul, DAG, Punjab.

            Mr.Sanjiv Bansal, Advocate
            for respondent no.2-complainant.
                   .....

RAM CHAND GUPTA, J.(Oral)

The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.5, dated 19.1.2011, Annexure P1, under Sections 420, 406, 465, 467, 468, 471, 474, 477, 120-B IPC, registered at Police Station Khamanon, District Fatehgarh Sahib.

I have heard learned counsel for the parties and have gone through the whole record carefully.

So far as petitioners no.2 and 3 are concerned, their anticipatory bail application was dismissed by Coordinate Bench of this Court vide order dated 7.9.2011.

So far as petitioner no.1 is concerned, it was stated on behalf of petitioner no.1 before the Permanent Lok Adalat that he was ready to pay his share, i.e., 50% of the total amount due from Shamoon Exims as he was partner to the extent of 50%. However, at that stage, complainant was not ready for partial compromise. However, it has been stated by learned counsel for the complainant that interim order already granted in favour of petitioner no.1 may be made absolute subject to his paying 50% of the total amount due from Shamoon Exims as he was partner to the extent of 50% as Crl.M.No.M-4775 of 2011(O&M) -2- was offered by petitioner no.1 subject to his rights to be determined in the pending civil suit.

Hence, in view of the same, the present petition for anticipatory bail qua petitioner no.1 is disposed of and the interim order is made absolute subject to his paying 50% of the total amount due from Shamoon Exims to complainant as he was partner to the extent of 50% within a period of one month and subject to his compliance of conditions specified under Section 438(2) Cr.P.C.

Learned counsel for respondent-complainant has undertaken to provide the actual amount due from Shamoon Exims to respondent no.2- complainant within one week to counsel for petitioner no.1 as well as to the Investigating Officer. It is also made clear that this order will be having no effect on the pending civil litigation between the parties.

Disposed of accordingly.


1.4.2013                                            (Ram Chand Gupta)
meenu                                                    Judge

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