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Prabhdial Singh vs State Of Punjab on 30 July, 2021

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CRM-M No.8985 of 2020 1

204
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.8985 of 2020
Date of Decision:30.07.2021

PRABHDIAL SINGH ……Petitioner
Vs
STATE OF PUNJAB …..Respondent

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Ms. Amandeep Kaur, Advocate
for the petitioner.

Mr. Amar Ashok Pathak, Addl. A.G. Punjab.

****

RAJ MOHAN SINGH, J. (Oral)

The case has been taken up for hearing through video

conferencing.

Petitioner seeks grant of anticipatory bail under Section

438 Cr.P.C in case bearing FIR No.220 dated 06.09.2018

registered under Section 406 IPC, at Police Station Civil Lines,

Bathinda.

On 02.03.2020, following order was passed:-

“Learned counsel for the petitioner contends that as
per allegations in the FIR, the petitioner has operated Ajax Flori
Agro Machine from November 2016 till 06.09.2018 and he took
the machine to Rajasthan and thereafter to Madhya Pradesh
and has not returned the same to the complainant.

Per contra, the case of the petitioner is that he never
took the machine to Rajasthan or Madhya Pradesh. He has

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CRM-M No.8985 of 2020 2
alleged that the complainant had taken blank signed security
cheques bearing No.794923 and 794924 from the petitioner and
after completion of the work at Village Sardargarh, the petitioner
has settled the account with the complainant and made payment
of outstanding dues of rent of the machine to the complainant,
but the complainant did not return the cheques, rather misused
the same by filing complaint under
Section 138 of the Negotiable
Instruments Act. The complaint is pending before the Court.
Besides filing the complaint, the petitioner has also lodged the
present FIR.

Notice of motion for 27.04.2020.

In the meanwhile, petitioner is directed to appear
before the SHO/Investigating Officer to join investigation on
06.03.2020 at 11.00 a.m. and in the event of his arrest, he shall
be enlarged on ad interim bail, subject to his furnishing requisite
bail bonds/surety bonds to the satisfaction of Arresting Officer.
However, petitioner shall abide by the conditions as envisaged
under
Section 438(2) Cr.P.C.”

Learned counsel for the petitioner submits that in

compliance of the order dated 02.03.2020, petitioner has joined

the investigation to the entire satisfaction of the Investigating

Officer.

Learned State counsel on instructions from

Investigating Officer admits the aforesaid fact and submits that

the petitioner after the formal arrest has been released on

interim bail.

Learned State counsel further submits that petitioner

has joined the investigation to the entire satisfaction of the

Investigating Officer and he is no more required for custodial

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CRM-M No.8985 of 2020 3

interrogation in the case.

In the very nature of allegations and denial by the

petitioner, the custody of the petitioner is not required for any

custodial interrogation. Since the petitioner has joined the

investigation, therefore the interim order dated 02.03.2020 is

made absolute. Petitioner shall keep on joining the investigation

as and when required to do so and he shall abide by the

conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH)
30.07.2021 JUDGE
Amandeep

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

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